
    In the Matter of Town Board of Town of Vernon et al., Appellants, v Zoning Board of Appeals of Town of Vernon et al., Respondents.
    (Appeal No. 2.)
    [801 NYS2d 210]
   Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered September 29, 2004 in a proceeding pursuant to CPLR article 78. The order denied petitioners’ motion for leave to reargue.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Lawton, JJ.  