Matter of Pohopek v Town of W. Zoning Bd. of Appeals
2011 NY Slip Op 04879 [85 AD3d 1592]
June 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


In the Matter of Alfons J. Pohopek, Appellant, v Town of Western Zoning Board of Appeals et al., Respondents.

—[*1] Gustave J. Detraglia, Jr., Utica, for petitioner-appellant.

Charles W. Engelbrecht, Rome, for respondent-respondent Town of Western Zoning Board of Appeals.

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered June 29, 2010 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—Scudder, P.J., Centra, Peradotto, Gorski and Martoche, JJ.