Opinion
No. CA 06-03602.
November 9, 2007.
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (David D. Egan, J.), entered November 1, 2006 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
BUCHANAN INGERSOLL ROONEY PC, BUFFALO (ANDREW J. ROMANOW OF COUNSEL), FOR PETITIONER-APPELLANT.
CHARLES J. GENESE, TOWN ATTORNEY, WEBSTER (RAJA N. SEKHARAN OF COUNSEL), FOR RESPONDENTS-RESPONDENTS PLANNING BOARD OF THE TOWN OF WEBSTER AND ANGELO ARCOLEO, ACTING CHAIRPERSON OF THE PLANNING BOARD OF THE TOWN OF WEBSTER.
FIX SPINDELMAN BROVITZ GOLDMAN, P.C., FAIRPORT (KARL S. ESSLER OF COUNSEL), FOR RESPONDENT-RESPONDENT CHRISTA DEVELOPMENT CORPORATION.
Present: Martoche, J.P., Smith, Peradotto, Green and Pine, JJ.
Now, upon the stipulation discontinuing proceeding signed by the attorneys for the parties on September 7, 2007, and filed in the Monroe County Clerk's Office on September 11, 2007,
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.