
    In the Matter of Troy Sand & Gravel Co., Inc., Doing Business as Material Sand & Gravel, Appellant, v Zoning Board of Appeals of the Town of Russia, Respondent.
    [823 NYS2d 743]
   Appeal from a judgment (denominated order and judgment) of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered November 16, 2005 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present— Hurlbutt, A.EJ., Scudder, Gorski, Centra and Green, JJ.  