ENGLERT, RONALD v. ZONING BOARD OF APPEALS OF TOWN OF

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 17 CA 09-02610 PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.

IN THE MATTER OF RONALD ENGLERT AND FRAN ENGLERT, PETITIONERS-APPELLANTS,

V ORDER

ZONING BOARD OF APPEALS OF TOWN OF NORTH DANSVILLE AND BENJAMIN GORDON, RESPONDENTS-RESPONDENTS.

JONES AND SKIVINGTON, GENESEO (GREGORY J. MCCAFFREY OF COUNSEL), FOR PETITIONERS-APPELLANTS.

JOHN C. PUTNEY, MOUNT MORRIS, FOR RESPONDENT-RESPONDENT ZONING BOARD OF APPEALS OF TOWN OF NORTH DANSVILLE.

LAW OFFICE OF R. BRIAN GOEWEY, ROCHESTER (R. BRIAN GOEWEY OF COUNSEL), FOR RESPONDENT-RESPONDENT BENJAMIN GORDON.

Appeal from a judgment (denominated order) of the Supreme Court, Livingston County (Robert B. Wiggins, A.J.), entered December 7, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court