— Appeal from a judgment (denomi*1167nated order) of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered December 3, 2003 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Pigott, Jr., P.J., Green, Gorski, Martoche and Smith, JJ.