County of Monroe v City of Rochester (2003 NY Slip Op 20127)

County of Monroe v City of Rochester

2003 NY Slip Op 20127 [2 AD3d 1349]

December 31, 2003

Appellate Division, Fourth Department

As corrected through

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

As corrected through Wednesday, February 25, 2004

County of Monroe, Respondent,
v
City of Rochester et al., Appellants, et al., Defendant.

—Appeal from an order and judgment (one document) of Supreme Court, Monroe County (Cicoria, J.), entered February 6, 2003, which, inter alia, declared that defendant City of Rochester Preservation Board has the authority to designate Seneca Park Zoo a landmark but such designation is not enforceable against plaintiff.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court, Monroe County, Cicoria, J. Present—Pigott, Jr., P.J., Green, Hurlbutt, Scudder and Hayes, JJ.