Opinion
787 CA 19–00450
10-04-2019
In the Matter of Stephen FOX, Petitioner-Plaintiff–appellant, v. TOWN OF GENEVA ZONING BOARD OF APPEALS, Town of Geneva, Mark Venuti, in His Capacity as Town Supervisor of Town of Geneva, Floyd Kofahl, in His Capacity as Code Enforcement Officer of Town of Geneva and Lorrie S. Naegele, in Her Capacity as Town Clerk of Town of Geneva, Respondents- Defendants–respondents. (Appeal No. 2.)
WEAVER MANCUSO FRAME LLC, ROCHESTER (JOHN A. MANCUSO OF COUNSEL), FOR PETITIONER–PLAINTIFF–APPELLANT. BARTH SULLIVAN BEHR, SYRACUSE (LAUREN MILLER OF COUNSEL), FOR RESPONDENTS–DEFENDANTS–RESPONDENTS.
WEAVER MANCUSO FRAME LLC, ROCHESTER (JOHN A. MANCUSO OF COUNSEL), FOR PETITIONER–PLAINTIFF–APPELLANT.
BARTH SULLIVAN BEHR, SYRACUSE (LAUREN MILLER OF COUNSEL), FOR RESPONDENTS–DEFENDANTS–RESPONDENTS.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same memorandum as in Matter of Fox v. Town of Geneva Zoning Bd. of Appeals (appeal No. 1), 176 A.D.3d 1576, 110 N.Y.S.3d 169, 2019 WL 4892830 (Oct. 4, 2019) (4th Dept. 2019).