Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered August 31, 2005 in a proceeding pursuant to CPLR article 78. The order granted petitioner’s motion to dismiss the counterclaim.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs for the reasons stated in decision at Supreme Court. Present— Hurlbutt, A.EJ., Kehoe, Smith and Green, JJ.