It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner appeals from a judgment that, inter alia, dismissed without a hearing his petition pursuant to CPLR article 70. Petitioner's contention that respondent failed to file a proper return under CPLR 7008 is unpreserved for our review (see People ex rel. Mitchell v Cully,
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