Order entered December 18, 1979 unanimously affirmed; judgment entered September 10, 1980 unanimously modified and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Erie County, for trial on the issue of damages only, in accordance with the following memorandum: This appeal is upon a statement in lieu of record on appeal (CPLR 5527) and the submitted facts present issues of the validity of the creation of certain Town of Evans capital reserve funds...
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