Matter of Self Stor. Solutions Rte. 31, LLC v Town of Cicero Planning Bd.
2008 NY Slip Op 07387 [55 AD3d 1348]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


In the Matter of Self Storage Solutions Route 31, LLC, Appellant, v Town of Cicero Planning Board, Respondent.

—[*1] Scott F. Chatfield, Marietta, for petitioner-appellant.

The Wladis Law Firm, P.C., Syracuse (Heather M. Cole of counsel), for respondent-respondent.

Appeal from a judgment (denominated judgment and order) of the Supreme Court, Onondaga County (James P. Murphy, J.), dated May 14, 2007 in a proceeding pursuant to CPLR article 78. The judgment remitted the matter to respondent to determine whether Cicero Town Code § 210-12 (c) (7) applies to petitioner's proposed use and is appropriate.

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