In Akey v. Town of Plattsburgh, 300 A.D.2d 871, (3rd Dep't 2002), the Appellate Division, Third Department, was faced with a petition alleging a claim identical to WCA's second cause of action. Although the Court had different issues to determine, it stated in a footnote at the very beginning of the decision that: "While neither the petition nor Supreme Court identifies the statutory authority for this proceeding, petitioner describes it as a CPLR article 78 proceeding and we agree, for it seeks relief in the nature of mandamus, rather than a review under RPTL article 7." (Akey v. Town of Plattsburgh, supra at note1.)