Appeal unanimously dismissed as -mdot by reason of the disposition of the appeal in Cepere v\. City óf Batavia (41 A D 2d. 698) -decided herewith. (Appeal from order of. Genesee Special Term- denying motion to reargue motion to dismiss complaint;) - Present — Goldman,; P..-J., Marsh, Cardamone, Simons •and Üénry, JJ. ’ '