Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P Punch, A.J.), entered March 4, 2005 in a proceeding pursuant to CPLR article 70. The judgment dismissed the petition.
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It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Kehoe, J.P, Gorski, Martoche, Pine and Hayes, JJ.