Opinion
CA 06-00890.
September 29, 2006.
Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), dated June 16, 2005 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
HARRIS BEACH PLLC, PITTSFORD (DOUGLAS A. FOSS OF COUNSEL), FOR PETITIONER-APPELLANT.
SEAMAN, JONES, HOGAN BROOKS, LLP, LOCKPORT (MICHAEL E. BENEDICT OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Present — Scudder, J.P., Kehoe, Gorski, Smith and Pine, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.