
    In the Matter of Manitou Sand & Gravel Co., Inc., Appellant, et al., Petitioner, v Town of Ogden et al., Respondents.
    [841 NYS2d 915]
   Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered September 12, 2006 in a proceeding pursuant to CPLR article 78. The judgment dismissed the amended petition.

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