
    In the Matter of Merco, Inc., Appellant, v Niagara Falls Water Board, Respondent. Yarussi Construction, Inc., Respondent.
    [893 NYS2d 915]
   —Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered November 30, 2009 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition and vacated a temporary restraining order.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Fahey, Peradotto, Carni and Lindley, JJ.  