Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Penny M. Wolfgang, J.), entered July 19, 2005 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present— Hurlbutt, J.E, Martoche, Centra, Fahey and Green, JJ.