Matter of Englert v Zoning Bd. of Appeals of Town of N. Dansville
2011 NY Slip Op 00818 [81 AD3d 1255]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


In the Matter of Ronald Englert et al., Appellants, v Zoning Board of Appeals of Town of North Dansville et al., Respondents.

—[*1] Jones and Skivington, Geneseo (Gregory J. McCaffrey of counsel), for petitioners-appellants.

John C. Putney, Mount Morris, for respondent-respondent Zoning Board of Appeals of Town of North Dansville.

Law Office of R. Brian Goewey, Rochester (R. Brian Goewey of counsel), for respondent-respondent Benjamin Gordon.

Appeal from a judgment (denominated order) of the Supreme Court, Livingston County (Robert B. Wiggins, A.J.), entered December 7, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied 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—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.