
    In the Matter of Anthony Viscomi, Appellant, v Village of Herkimer, Respondent.
    (Appeal No. 1.)
    [803 NYS2d 504]
   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.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Kuhn v Kuhn, 129 AD2d 967 [1987]). Present—Green, J.P., Gorski, Smith, Lawton and Hayes, JJ.  