Appellate Division of the Supreme Court of the State of New York March 27, 2009, Appeal No. 2 (Brown v. County of Erie)

*1443Appeals from a judgment (denominated order) of the Supreme Court, Erie County (Timothy J. Drury, A.J.), entered February 21, 2008 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

It is hereby ordered that the judgment so appealed from is reversed on the law without costs, the motions are granted and the petition is dismissed.