Appellate Division of the Supreme Court of the State of New York November 21, 2003, Appeal No. 1 (Brodsky v. Friedlander)

Appeals from an order of Supreme Court, Erie County (Makowski, J.), entered May 9, 2002, which, inter alia, denied respondents’ motion to dismiss the CPLR article 78 petition and granted the petition.

It is hereby ordered that said appeals be and the same hereby are unanimously dismissed without costs (see CPLR 5701 [b] [1]). Present — Pigott, Jr., EJ., Green, Scudder, Kehoe and Hayes, JJ.