From Casetext: Smarter Legal Research

In the Matter of Manglaviti v. Kozakiewicz

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 717 (N.Y. App. Div. 2004)

Opinion

2003-01752.

Decided April 26, 2004.

In a proceeding pursuant to CPLR article 78, inter alia, to review Resolution No. 1009 of the Town Board of the Town of Riverhead dated September 18, 2001, which determined that the Riverhead Fire District, which sought to construct a fire training facility, was exempt from certain zoning regulations, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Oliver, J.), entered February 3, 2003, which dismissed the proceeding as academic.

Ciarelli Dempsey, Riverhead, N.Y. (John L. Ciarelli and Patricia A. Dempsey of counsel), for appellant.

Smith, Finkelstein, Lundberg, Isler Yakaboski, LLP, Riverhead, N.Y. (Frank A. Isler and Phil Siegel of counsel), for respondents Robert Kozakiewicz, Edward Densieski, James Lull, Barbara Blass, and Rose Sanders.

Kuczinski, Vila Associates, P.C., Elmsford, N.Y. (Jeffrey T. Miller and C. William Yanuck of counsel), for respondent Riverhead Fire District.

Before: HOWARD MILLER, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly dismissed this proceeding as academic. Resolution No. 1009 was rescinded in part and superseded in part by Resolution No. 574, which was passed by the Town Board of the Town of Riverhead on May 21, 2002.

H. MILLER, J.P., LUCIANO, SCHMIDT and TOWNES, JJ., concur.


Summaries of

In the Matter of Manglaviti v. Kozakiewicz

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 717 (N.Y. App. Div. 2004)
Case details for

In the Matter of Manglaviti v. Kozakiewicz

Case Details

Full title:IN THE MATTER OF PETER MANGLAVITI, ET AL., appellants, v. ROBERT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 26, 2004

Citations

6 A.D.3d 717 (N.Y. App. Div. 2004)
775 N.Y.S.2d 179

Citing Cases

In re of Downes v. Town of Southampton Zoning

Since the construction of the dwelling was completed while this matter was pending in the Supreme Court, and…