Judgment unanimously affirmed without costs. Same Memorandum as in Matter of Brooks v City of Niagara Falls (199 AD2d 981 [decided herewith]). (Appeal from Judgment of Supreme Court, Niagara County, Rath, Jr., J.—Article 78.) Present—Denman, P. J., Pine, Lawton, Doerr and Boehm, JJ.