Matter of Birds Eye Foods, Inc. v Zoning Bd. of Appeals of Vil. of Barker (2006 NYSlipOp 06987)

Matter of Birds Eye Foods, Inc. v Zoning Bd. of Appeals of Vil. of Barker

2006 NYSlipOp 06987

September 29, 2006

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, November 08, 2006

In the Matter of Birds Eye Foods, Inc., Appellant, v Zoning Board of Appeals of Village of Barker, Respondent.

—[*1]Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), dated June 16, 2005 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, J.P., Kehoe, Gorski, Smith and Pine, JJ.