McCarthy, J.
This matter is substantially similar, both in its procedural posture and on the relevant law, to this Court's recent decision in Matter of Sheeran v New York State Dept. of Transp. ( 68 AD3d 1199, lv granted 14 NY3d 707). Based on that decision, we reverse.
Ordered that the judgment is reversed, on the law, without costs, and petition dismissed.