— Appeal from a judgment (denominated order and judgment) of the Supreme Court, Livingston County (Robert J. Lunn, J.), entered July 29, 2004 in a proceeding pursuant to CPLR article 78. The judgment dismissed the proceeding as time-barred.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present — Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ. [See 4 Misc 3d 688 (2004).]