Matter of Anthony Viscomi v Village of Herkimer

Matter of Viscomi v Village of Herkimer 2005 NY Slip Op 08419 [23 AD3d 1048] November 10, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 18, 2006

In the Matter of Anthony Viscomi, Appellant, v Village of Herkimer, Respondent. (Appeal No. 1.)

—[*1]Appeal from a decision of the Supreme Court, Herkimer County (Michael E. Daley, J.), dated October 19, 2004 in a proceeding pursuant to CPLR article 78. The decision dismissed the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Kuhn v Kuhn, 129 AD2d 967 [1987]). Present—Green, J.P., Gorski, Smith, Lawton and Hayes, JJ.