Matter of Citizens Against Sprawl-Mart v Zoning Bd. of Appeals of City of Niagara Falls (2004 NY Slip Op 04993)

Matter of Citizens Against Sprawl-Mart v Zoning Bd. of Appeals of City of Niagara Falls

2004 NY Slip Op 04993 [8 AD3d 1049]

June 14, 2004

Appellate Division, Fourth Department

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

As corrected through Wednesday, August 25, 2004

In the Matter of Citizens Against Sprawl-Mart, by Leo F. Alcuri et al., Appellants, v Zoning Board of Appeals of City of Niagara Falls et al., Respondents. (Appeal No. 1.)

—[*1]Appeal from a judgment (denominated order and judgment) of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered September 10, 2003 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Same memorandum as in Matter of Citizens Against Sprawl-Mart v Planning Bd. of City of Niagara Falls (8 AD3d — [2004]). Present—Green, J.P., Wisner, Scudder, Gorski and Lawton, JJ.