Appeal unanimously dismissed, with costs to respondents. Same Memorandum as in Matter of Vivenzio v. City of Utica 30 A D 2d 771 (Appeal No. 1), decided concurrently herewith. (Appeal from order of Oneida Special Term denying motion to dismiss petition.) Present — Bastow, P. J., Del Vecchio, Marsh, Witmer and Henry, JJ.