Order unanimously affirmed, with costs. Memorandum: We hold that the order is appealable, and affirm on the merits. declaration of rights has been made. Respondent has not shown that the public interest cannot be served as it deems best within the framework of the contract. (Appeal from order of Monroe Special Term granting motion to dismiss second defense and counterclaim.) Present—Goldman, P. J., Marsh, Witmer, Bastow and Henry, JJ.