Order unanimously affirmed without costs.
Memorandum:
On February 27, 1992, at about 2:40 A.M., plaintiff entered a restaurant in Rome. According to Susan Sterling, a waitress at the restaurant, he appeared to be intoxicated. Plaintiff became loud and boisterous and Sterling finally called the police to request that they remove plaintiff from the premises. Upon their arrival, Officers Simons and Iacobissi
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