Appellate Division of the Supreme Court of the State of New York February 1, 2008 (Jim Ludtka Sporting Goods, Inc. v. City of Buffalo School District)

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (John A. Michalek, J.), entered February 16, 2007 in a proceeding pursuant to CPLR article 78. The judgment, among other things, granted the petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.