
    Stephen Babcock, Appellant, v State University Agricultural & Technical College at Alfred, Respondent.
    [810 NYS2d 694]
   Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered December 2, 2004 in an action pursuant to Civil Service Law § 75-b. The order deemed the action to have been discontinued by plaintiff.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see CPLR 5511; Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 544-545 [1983]). Present—Hurlbutt, J.P., Gorski, Green, Pine and Hayes, JJ.  