¶1Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Anthony F. Shaheen, J), entered October 29, 2008 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
¶2It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P, Martoche, Fahey, Garni and Pine, JJ.