Matter of Pyramid Co. of Watertown v Planning Bd. of Town of Watertown
2005 NY Slip Op 09992 [24 AD3d 1329]
Decided on December 22, 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 December 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, SMITH, AND LAWTON, JJ.

1647 CA 05-01653

[*1]MATTER OF PYRAMID COMPANY OF WATERTOWN AND SALMON RUN SHOPPING CENTER, LLC, PETITIONERS-RESPONDENTS, ORDER

v

PLANNING BOARD OF TOWN OF WATERTOWN, ET AL., RESPONDENTS, COR ROUTE 3 COMPANY, LLC AND STARK FAMILY PARTNERSHIP, LP, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.)



Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered March 9, 2005 in a proceeding pursuant to CPLR article 78. The order, inter alia, denied the motion of respondents COR Route 3 Company, LLC and Stark Family Partnership, LP to dismiss the amended petition.


GREEN & SEIFTER, PLLC, SYRACUSE (DOUGLAS H. ZAMELIS OF COUNSEL), FOR RESPONDENTS-APPELLANTS.
DEVORSETZ STINZIANO GILBERTI HEINTZ & SMITH, P.C., SYRACUSE (PATRICIA S. NAUGHTON OF COUNSEL), FOR PETITIONERS-RESPONDENTS.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: December 22, 2005
JoAnn M. Wahl
Clerk of the Court