
    In the Matter of Martha Ferrugia, Appellant, v New York State Department of Health et al., Respondents.
    (Appeal No. 1.)
    [773 NYS2d 628]
   Appeal from a judgment (denominated order) of the Supreme Court, Chautauqua County (Joseph Gerace, J.), entered September 4, 2002 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Loafin’ Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.  