Opinion
No. CA 06-03608.
February 1, 2008.
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (John W. Grow, J.), entered October 18, 2006 in a declaratory judgment action and CPLR article 78 proceeding. The judgment dismissed the complaint and petition.
RICHARD E. KAPLAN, UTICA, FOR PLAINTIFF-PETITIONER-APPELLANT.
LINDA SULLIVAN FATATA, CORPORATION COUNSEL, UTICA, FOR DEFENDANTS-RESPONDENTS-RESPONDENTS CITY OF UTICA, COMMON COUNCIL OF THE CITY OF UTICA, CITY PLANNING BOARD OF THE CITY OF UTICA, AND TIMOTHY J. JULIAN, IN HIS CAPACITY AS MAYOR OF CITY OF UTICA.
WHITEMAN OSTERMAN HANNA LLP, ALBANY (JOHN J. HENRY OF COUNSEL), FOR DEFENDANT-RESPONDENT-RESPONDENT BENDERSON DEVELOPMENT COMPANY, LLC.
Before: Martoche, J.P., Centra, Lunn, Green and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.