Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered September 16, 2008 in a proceeding pursuant to CPLR article 78. The judgment, among other things, dismissed the petition/complaint.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Same memorandum as in Matter of Potter v Town Bd. of Town of Aurora (60 AD3d 1333 [2009]). Present — Smith, J.P., Centra, Fahey, Green and Pine, JJ.