Appellate Division of the Supreme Court of the State of New York April 25, 1997, Appeal No. 2 (Hogarth v. City of Syracuse)

—Order unanimously affirmed without costs. Same Memorandum as in Hogarth v City of Syracuse (238 AD2d 887 [decided herewith]). (Appeal from Order of Supreme Court, Onondaga County, Major, J.—Renewal.) Present—Green, J. P., Lawton, Callahan, Boehm and Fallon, JJ.