
    In the Matter of Glacial Aggregates LLC, Respondent, v Marvin D. Zielonka, as Code Enforcement Officer of the Town of Yorkshire, Appellant.
    (Appeal No. 1.)
    [823 NYS2d 732]
   Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered May 20, 2005 in a proceeding pursuant to CPLR article 78. The order denied respondent’s motion to dismiss the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see CPLR 5701 [b] [1]). Present—Hurlbutt, A.PJ, Kehoe, Smith and Green, JJ.  