Judgment unanimously modified on the law and as modified affirmed without costs and amended petition dismissed, in accordance with same memorandum as in Matter of Catanzaro v City of Buffalo (appeal No. 2] 163 AD2d 822 [decided herewith]). (Appeals from judgment of Supreme Court, Erie County, McGowan, J.—art 78.) Present—Dillon, P. J., Denman, Green, Pine and Lowery, JJ. [See, 143 Misc 2d 1054.]