Opinion
CA 02-02552
October 2, 2003.
Appeal from a judgment (denominated order) of Supreme Court, Niagara County (Sconiers, J.), entered January 30, 2002, which granted respondent's motion to dismiss the CPLR article 78 petition.
BERRIGAN, PERLMAN GABRIELE, NIAGARA FALLS (EDWARD P. PERLMAN OF COUNSEL), FOR PETITIONER-APPELLANT.
RONALD D. ANTON, CORPORATION COUNSEL, NIAGARA FALLS (CHRISTOPHER M. MAZUR OF COUNSEL), FOR RESPONDENT-RESPONDENT.
PRESENT: PINE, J.P., HURLBUTT, SCUDDER, AND HAYES, JJ.
ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court, Niagara County, Sconiers, J.