Opinion
CA 03-00934.
December 31, 2003.
Appeal from a judgment (denominated order) of Supreme Court, Herkimer County (Kirk, J.), entered March 20, 2003, which granted the CPLR article 78 petition and ordered respondent to process petitioners' after-the-fact permit application.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (LAWRENCE A. RAPPOPORT OF COUNSEL), FOR RESPONDENT-APPELLANT.
POKLEMBA, HOBBS ULASEWICZ, LLC, SARATOGA SPRINGS (THOMAS A. ULASEWICZ OF COUNSEL, FOR PETITIONERS-RESPONDENTS.
Before: PRESENT: PINE, J.P., WISNER, HURLBUTT, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.
Same Memorandum as in Adirondack Park Agency v. Bucci ( 2 A.D.3d 1293).