
54 N.Y.2d 890 (1981)
John A. Smith, Appellant,
v.
City of Troy, Respondent.
Court of Appeals of the State of New York.
Argued September 15, 1981.
Decided October 15, 1981.
Jerome K. Frost for appellant.
Donald C. Bowes, Corporation Counsel (Donald J. Shanley of counsel), for respondent.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.
Order affirmed, with costs. We cannot say as a matter of law that the Appellate Division abused its discretion.
