Opinion
Motion No. CA 22-00033
10-17-2023
IN THE MATTER OF ANN MARIE RIOLO-NICOL, AS TRUSTEE OF RIOLO IRREVOCABLE TRUST, ET AL., PETITIONER, v. CITY OF ROME ZONING BOARD OF APPEALS, CITY OF ROME PLANNING BOARD, ROME CITY SCHOOL DISTRICT BOARD OF EDUCATION, CDS LIFE TRANSITIONS AND PASSERO ASSOCIATES, PC., RESPONDENTS-RESPONDENTS. MARIA LEMMERMAN, JAMES LEMMERMAN, PAULA CAPOCCIA AND LEO CAPOCCIA, PETITIONERS-APPELLANTS,
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.
Respondents City of Rome, New York Zoning Board of Appeals and its individually named members, City of Rome, New York Planning Board and its individually named members, and City of Rome, New York Chief Codes Enforcement Officer, Mark A. Domenico having moved to dismiss as moot, the appeal taken herein from a judgment of the Supreme Court, Oneida County, entered March 12, 2021,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion is denied without prejudice and leave to renew any arguments in support of or, in opposition to the motion in the briefs that remain outstanding.