Opinion
CA 05-00890.
November 10, 2005.
Appeal from a decision of the Supreme Court, Herkimer County (Michael E. Daley, J.), dated October 19, 2004 in a proceeding pursuant to CPLR article 78. The decision dismissed the petition.
THOMAS J. JORDAN, ALBANY, FOR PETITIONER-APPELLANT.
ROEMER WALLENS MINEAUX LLP, ALBANY (ELAYNE G. GOLD OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Present: Green, J.P., Gorski, Smith, Lawton and Hayes, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs ( see Kuhn v. Kuhn, 129 AD2d 967).