
    In the Matter of Benjamin Schussler, Appellant, v School of Medicine and Biomedical Sciences, University at Buffalo, State University of New York et al., Respondents.
    (Appeal No. 1.)
    [790 NYS2d 905]
   — Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), entered April 8, 2004 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977 [1989]). Present — Scudder, J.P., Martoche, Pine, Lawton and Hayes, JJ.  