Matter of Moon v Village of Brocton Zoning Bd. of Appeals
2010 NY Slip Op 09800 [79 AD3d 1801]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


In the Matter of Michael A. Moon et al., Appellants, v Village of Brocton Zoning Board of Appeals et al., Respondents.

—[*1] Goodell & Rankin, Jamestown (Andrew W. Goodell of counsel), for petitioners-appellants.

Wright, Wright and Hampton, Jamestown (Edward P. Wright of counsel), for respondent-respondent Village of Brocton Zoning Board of Appeals.

David M. Civilette, P.C., Dunkirk (David M. Civilette of counsel), for respondent-respondent John A. Simone.

Appeal from a judgment of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered January 5, 2010 in a proceeding pursuant to CPLR article 78. The judgment, among other things, denied plaintiffs' motion to set aside the use variance granted to defendant John A. Simone by defendant Village of Brocton Zoning Board of Appeals.

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—Martoche, J.P., Centra, Fahey, Lindley and Sconiers, JJ.