
    In the Matter of Wayne Davidson, Appellant, v Village of Penn Yan et al., Respondents.
    (Appeal No. 2.)
    [965 NYS2d 902]
   Appeal from a judgment of the Supreme Court, Yates County (Dennis F. Bender, A.J.), entered July 18, 2012 in a proceeding pursuant to CPLR article 78. The judgment, inter alia, dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Davidson v Village of Penn Yan (107 AD3d 1423 [2013]). Present — Centra, J.P., Fahey, Garni, Whalen and Martoche, JJ.  