Opinion
CA 03-00879.
December 31, 2003.
Appeal from a judgment (denominated order) of Supreme Court, Erie County (Mahoney, J.), entered February 4, 2003, which dismissed the CPLR article 78 petition.
LAWRENCE ELBERT, PETITIONER-APPELLANT PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
Before: PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, KEHOE, AND HAYES, JJ.
ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs ( see Matter of Raqiyb v. Donnelly, 307 A.D.2d 761).