Kern v. City of Rochester (261 A.D.2d 905, 1999)

—Order unanimously affirmed without costs. Same Memorandum as in Kern v City of Rochester (261 AD2d 904 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Affronti, J.— Renewal.) Present — Green, J. P., Lawton, Pigott, Jr., Scudder and Balio, JJ.