| Matter of Town of Leray v Village of Evans Mills |
| 2018 NY Slip Op 03334 [161 AD3d 1593] |
| May 9, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Town of Leray,
Appellant-Respondent, v Village of Evans Mills et al., Respondents-Appellants. |
Hrabchak & Gebo, P.C., Watertown (Mark G. Gebo of counsel), for petitioner-plaintiff-appellant-respondent.
Bond, Schoeneck & King, PLLC, Syracuse (Brody D. Smith of counsel), for respondents-defendants-respondents-appellants.
Appeal and cross appeal from a decision of the Supreme Court, Jefferson County (James P. McClusky, J.), entered March 3, 2017 in a CPLR article 78 proceeding and declaratory judgment action. The decision found that the zoning laws of respondents-defendants do not apply to petitioner-plaintiff's construction of a barn but do apply to the construction of a new entrance from Willow Street.
It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs (see Kuhn v Kuhn, 129 AD2d 967, 967 [4th Dept 1987]). Present—Whalen, P.J., Smith, Peradotto, DeJoseph and Troutman, JJ.