Matter of Kessel Brent Corp. v City of Utica
2008 NY Slip Op 00830 [48 AD3d 1093]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


In the Matter of Kessel Brent Corp., Appellant, v City of Utica et al., Respondents, et al., Respondent.

—[*1] Richard E. Kaplan, Utica, for plaintiff-petitioner-appellant.

Linda Sullivan Fatata, Corporation Counsel, Utica, for defendants-respondents-respondents City of Utica, Common Council of the City of Utica, City Planning Board of the City of Utica and Timothy J. Julian, as Mayor of City of Utica.

Whiteman Osterman & Hanna LLP, Albany (John J. Henry of counsel), for defendant-respondent-respondent Benderson Development Company, LLC.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (John W. Grow, J.), entered October 18, 2006 in a declaratory judgment action and CPLR article 78 proceeding. The judgment dismissed the complaint and petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Martoche, J.P., Centra, Lunn, Green and Gorski, JJ.