Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered April 5, 2004 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs (see Matter of Raqiyb v Donnelly, 307 AD2d 761 [2003]). Present— Hurlbutt, J.P, Kehoe, Gorski, Pine and Hayes, JJ.