Spies v. Wing (256 A.D.2d 1243, 1998)

—Determination unanimously confirmed without costs and petition dismissed (see, Matter of Sutton v Wing, 249 AD2d 945). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Jefferson County, Gilbert, J.) Present — Green, J. P., Pine, Wisner, Callahan and Boehm, JJ.