
    In the Matter of Frank Kogut et al., Appellants, v Town of Martinsburg, Respondent.
    [867 NYS2d 370]
   — Appeal from a judgment (denominated order) of the Supreme Court, Lewis County (Joseph D. McGuire, J.), entered October 4, 2007 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present — Scudder, P.J., Hurlbutt, Fahey, Peradotto and Pine, JJ.  