Mimassi v. Town of Whitestown Zoning Bd. of Appeals

Full title: In the Matter of Michael J. MIMASSI, Petitioner–Appellant, v. TOWN OF…

Court: Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Mar 22, 2013

104 A.D.3d 1280 (N.Y. App. Div. 2013)

2013 N.Y. Slip Op. 1943

961 N.Y.S.2d 354

Opinion

2013-03-22

In the Matter of Michael J. MIMASSI, Petitioner–Appellant, v. TOWN OF WHITESTOWN ZONING BOARD OF APPEALS, Respondent–Respondent. (Appeal No. 2.)

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered July 19, 2012 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition. Douglas H. Zamelis, Manlius, for Petitioner–Appellant. William P. Schmitt, Town Attorney, Utica, for Respondent–Respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered July 19, 2012 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
Douglas H. Zamelis, Manlius, for Petitioner–Appellant. William P. Schmitt, Town Attorney, Utica, for Respondent–Respondent.
PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously vacated without costs.

Same Memorandum as in Matter of Mimassi v. Town of Whitestown Zoning Bd. of Appeals ( [appeal No. 1] ––– AD3d –––– [Mar. 22, 2013] ).