Judgment unanimously affirmed, with costs (see Matter of Geremski v Department of Fire of City of Syracuse, 72 Mise 2d 166, affd 42 AD2d 1050; see, also, Matter of McNamara v City of Syracuse, 60 AD2d 753). (Appeal from judgment of Cayuga Supreme Court — art 78.) Present — Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.