| Matter of Troy Sand & Gravel Co., Inc. v Zoning Bd. of Appeals of Town of Russia |
| 2006 NY Slip Op 08505 [34 AD3d 1310] |
| November 17, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Troy Sand & Gravel Co., Inc., Doing Business as Material Sand & Gravel, Appellant, v Zoning Board of Appeals of the Town of Russia, Respondent. |
—[*1]Appeal from a judgment (denominated order and judgment) of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered November 16, 2005 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Hurlbutt, A.P.J., Scudder, Gorski, Centra and Green, JJ.