Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (John W Grow, J.), entered October 9, 2008 in a proceeding pursuant to CPBR article 78. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs (see Matter of Pfeifer v Goord, 272 AD2d 886 [2000]). Present — Smith, J.P., Centra, Lindley, Sconiers and Pine, JJ.