| Matter of Matter of Karl Czymmek v Village of Penn Yan |
| 2004 NY Slip Op 01983 [5 AD3d 1130] |
| Decided on March 19, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, LAWTON, AND HAYES, JJ.
363 CA 03-01353
[*1]MATTER OF KARL CZYMMEK, PETITIONER-APPELLANT, ORDER
v
VILLAGE OF PENN YAN, MAYOR OF PENN YAN, PENN YAN VILLAGE BOARD OF TRUSTEES, AND BRIAN ZERGES, RESPONDENTS-RESPONDENTS.
Appeal from a judgment (denominated order) of the Supreme Court, Yates County (W. Patrick Falvey, A.J.), entered July 28, 2003 in a proceeding pursuant to CPLR article 78. The judgment granted leave to reargue/renew and, upon reargument/renewal, dismissed the petition.
GATES & ADAMS, P.C., ROCHESTER (ANTHONY J. ADAMS, JR., OF COUNSEL), FOR PETITIONER-APPELLANT.
HARRIS BEACH LLP, PITTSFORD (EDWARD P. HOURIHAN, JR., OF COUNSEL), FOR RESPONDENTS-RESPONDENTS VILLAGE OF PENN YAN, MAYOR OF PENN YAN, AND PENN YAN VILLAGE BOARD OF TRUSTEES.
HARTER, SECREST & EMERY LLP, ROCHESTER (PETER G. HENTSCHKE OF COUNSEL), FOR RESPONDENT-RESPONDENT BRIAN ZERGES.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 19, 2004
JoAnn M. Wahl
Clerk of the Court