| Matter of Camp Smile, Inc. v Zoning Bd. of Appeals of Town of Webster |
| 2005 NY Slip Op 02089 [16 AD3d 1180] |
| Decided on March 18, 2005 |
| 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 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: KEHOE, J.P., GORSKI, MARTOCHE, SMITH, AND PINE, JJ.
299 CA 04-01620
[*1]MATTER OF CAMP SMILE, INC., PETITIONER-RESPONDENT, ORDER
v
ZONING BOARD OF APPEALS OF TOWN OF WEBSTER, RESPONDENT-APPELLANT.
Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Evelyn Frazee, J.), dated March 19, 2003 in a proceeding pursuant to CPLR article 78. The judgment annulled the determination denying petitioner's application for a use variance and ordered the issuance of the variance.
SUTTER, SUMMERS & LYDON, P.C., WEBSTER (PATRICK D. LYDON OF COUNSEL), FOR RESPONDENT-APPELLANT.
TREVETT, LENWEAVER & SALZER, P.C., ROCHESTER (THOMAS E. LENWEAVER OF COUNSEL), FOR PETITIONER-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court