Opinion
March 1, 1993
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The Supreme Court properly dismissed the proceeding (see, CPLR 7003 [b]; People ex rel. Goss v. Smith, 69 N.Y.2d 727, 729; People ex rel. Jackson v. Scully, 183 A.D.2d 799; People ex rel. Bentley v. Scully, 177 A.D.2d 732, 733). Thompson, J.P., Sullivan, Miller and Santucci, JJ., concur.