— Order unanimously modified on the law and as modified affirmed without costs in accordance with same *1020Memorandum as in Flower City Insulation Sales & Contrs. v Board of Educ. (190 AD2d 1018 [decided herewith]). (Appeals from Order of Supreme Court, Ontario County, Henry, Jr., J.— Summary Judgment.) Present — Callahan, J. P., Boomer, Green, Boehm and Davis, JJ.