
    In the Matter of Robert Hawley, Appellant, v Village of Penn Yan et al., Respondents.
    (Appeal No. 1.)
    [825 NYS2d 396]
   Appeal from a judgment (denominated order) of the Supreme Court, Yates County (Dennis F. Bender, A.J.), entered June 7, 2005 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition as moot.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs for reasons stated in decision at Supreme Court. Present—Scudder, EJ., Hurlbutt, Gorski and Pine, JJ.  