Matter of Marriott v Town & Vil. of Lowville Zoning Bd. of Appeals
2010 NY Slip Op 06965 [77 AD3d 1411]
October 1, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


In the Matter of Alfred F. Marriott, Appellant, v Town and Village of Lowville Zoning Board of Appeals et al., Respondents.

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Conboy, McKay, Bachman & Kendall, LLP, Watertown (Stephen W. Gebo of counsel), for petitioner-appellant.

Hrabchak, Gebo & Langone, P.C., Watertown (Mark G. Gebo of counsel), for respondent-respondent Town and Village of Lowville Zoning Board of Appeals.

Slye & Burrows, Watertown (Robert J. Slye of counsel), for respondent-respondent Scott B. Miller, Individually and Doing Business as Miller's Small Engine.

Appeal from a judgment (denominated judgment and order) of the Supreme Court, Lewis County (Joseph D. McGuire, J.), entered July 10, 2009 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 for reasons stated in the decision at Supreme Court. Present—Fahey, J.P., Lindley, Green and Gorski, JJ.