| Matter of Town Bd. of Town of Vernon v Zoning Bd. of Appeals of Town of Vernon |
| 2005 NY Slip Op 07168 [21 AD3d 1389] |
| September 30, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Town Board of Town of Vernon et al., Appellants, v Zoning Board of Appeals of Town of Vernon et al., Respondents. (Appeal No. 2.) |
—[*1]Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered September 29, 2004 in a proceeding pursuant to CPLR article 78. The order denied petitioners' motion for leave to reargue.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Lawton, JJ.