¶1Appeal from a judgment (denominated order) of the Supreme Court, Erie *1476County (Christopher J. Burns, J.), entered October 6, 2010 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. Present — Scudder, P.J., Centra, Fahey, Peradotto and Sconiers, JJ.