Matter of Ziolkowski v Town Bd. of Town of Grand Is.
2011 NY Slip Op 09419 [90 AD3d 1528]
December 23, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


In the Matter of Michael Ziolkowski et al., Appellants, v Town Board of Town of Grand Island et al., Respondents.

—[*1] Richard J. Lippes & Associates, Buffalo (Gregg S. Maxwell of counsel), for petitioners-appellants.

Hodgson Russ LLP, Buffalo (Daniel A. Spitzer of counsel), for respondent-respondent Town Board of Town of Grand Island.

Nixon Peabody LLP, Buffalo (Laurie S. Bloom of counsel), for respondent-respondent Upstate Cellular Network, Doing Business as Verizon Wireless.

Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 5, 2011 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition and confirmed the determinations of respondent Town Board of Town of Grand Island.

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, Fahey, Carni and Sconiers, JJ.