Matter of Thomas v Zoning Bd. of Appeals of Town of Grand Is.
2013 NY Slip Op 01710 [104 AD3d 1218]
March 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


In the Matter of David Thomas et al., Appellants, v Zoning Board of Appeals of Town of Grand Island et al., Respondents.

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

Hodgson Russ LLP, Buffalo (Charles W. Malcomb of counsel), for respondent-respondent Zoning Board of Appeals of Town of Grand Island.

Damon Morey LLP, Clarence (Corey A. Auerbach of counsel), for respondent-respondent Donald R. Turner.

Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered March 23, 2012 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—Centra, J.P., Fahey, Carni, Lindley and Whalen, JJ.