Argued February 8, 1988
Decided March 17, 1988
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Allan L. Winick, J.
Donald F. Leistman, Adolph Koeppel and James DeCuzzi for appellant.
Peter P. MacKinnon and Thomas A. Abbate for Incorporated Village of Muttontown, respondent.
Jay R. Indyke for Dominick Foresto and others, respondents.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 128 A.D.2d 585).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., BELLACOSA and DILLON.
Designated pursuant to N Y Constitution, article VI, § 2.