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—Order unanimously reversed on the law without costs, motion granted and complaint against defendants City of Rome and City of Rome Police Department dismissed (see, Pekarski v Donovan, 247 AD2d 857). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J.— Summary Judgment.) Present — Green, J. P., Wisner, Pigott, Jr., Balio and Fallon, JJ.