Matter of Wind Power Ethics Group
2009 NY Slip Op 02017 [60 AD3d 1283]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


In the Matter of Wind Power Ethics Group (WPEG) et al., Appellants, v Zoning Board of Appeals of Town of Cape Vincent, Respondent, et al., Respondents. (Appeal No. 2.)

—[*1] Menter, Rudin & Trivelpiece, P.C., Syracuse (Julian B. Modesti of counsel), for petitioners-appellants.

Whiteman Osterman & Hanna LLP, Albany (Michael G. Sterthous of counsel), for respondent-respondent.

Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered June 16, 2008 in a proceeding pursuant to CPLR article 78. The order settled the record on the appeal taken from the judgment entered August 27, 2007.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Wind Power Ethics Group(WPEG) v Zoning Bd. of Appeals of Town of Cape Vincent (60 AD3d 1282 [2009]). Present—Hurlbutt, J.P., Smith, Fahey, Peradotto and Pine, JJ.