Opinion
No. CA 08-01409.
March 20, 2009.
Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered June 16, 2008 in a proceeding pursuant to CPLR article 78. The order settled the record on the appeal taken from the judgment entered August 27, 2007.
MENTER, RUDIN TRIVELPIECE, P.C., SYRACUSE (JULIAN B. MODESTI OF COUNSEL), FOR PETITIONERS-APPELLANTS.
WHITEMAN OSTERMAN HANNA LLP, ALBANY (MICHAEL G. STERTHOUS OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Present: Hurlbutt, J.P., Smith, Fahey, Peradotto and Pine, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Wind Power Ethics Group (WPEG) v Zoning Bd. of Appeals of Town of Cape Vincent ( 60 AD3d 1282).