Judgment unanimously reversed and petition dismissed without costs (see Matter of Geary v Commissioner of Motor Vehicles, 92 AD2d 38, affd 59 NY2d 950). (Appeal from judgment of Supreme Court, Erie County, Doyle, J. — art 78.) Present — Dillon, P. J., Denman, Boomer, Green and Schnepp, JJ. [109 Misc 2d 62.]