Appellate Division of the Supreme Court of the State of New York June 15, 2012 (Accadia Site Contracting, Inc. v. Caruana)

Appeal from a judgment (denominated order) of the Supreme *1631Court, Erie County (John F. O’Donnell, J.), entered April 23, 2012 in a proceeding pursuant to CPLR article 78. The judgment dismissed the proceeding and vacated a temporary restraining order.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.