Matter of Kogut v Town of Martinsburg
2008 NY Slip Op 08901 [56 AD3d 1220]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


In the Matter of Frank Kogut et al., Appellants, v Town of Martinsburg, Respondent.

—[*1] Goldberg Segalla LLP, Syracuse (Matthew S. Lerner of counsel), for petitioners-appellants.

The Ayers Law Firm, PLLC, Palatine Bridge (Laura E. Ayers of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Lewis County (Joseph D. McGuire, J.), entered October 4, 2007 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Hurlbutt, Fahey, Peradotto and Pine, JJ.