Judgment unanimously vacated on the law and judgment granted, in accordance with the following memorandum: The petition should have been dismissed as insufficient (see, Matter of Crawford v Kelly, 124 AD2d 1018). Had the issues been properly raised by the petition, we would affirm. (Appeal from judgment of Supreme Court, Wyoming County, *949Dadd, J.—art 78.) Present—Callahan, J. P., Doerr, Denman, Pine and Davis, JJ.