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
Matter of Anthony Viscomi v Village of Herkimer
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 ). Present—Green, J.P., Gorski, Smith, Lawton and Hayes, JJ.