Matter of Mimassi v Town of Whitestown Zoning Bd. of Appeals
2013 NY Slip Op 01943 [104 AD3d 1280]
March 22, 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 Michael J. Mimassi, Appellant, v Town of Whitestown Zoning Board of Appeals, Respondent. (Appeal No. 2.)

—[*1] Douglas H. Zamelis, Manlius, for petitioner-appellant.

William P. Schmitt, Town Attorney, Utica, for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered July 19, 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 vacated without costs.

Same memorandum as in Matter of Mimassi v Town of Whitestown Zoning Bd. of Appeals (104 AD3d 1280 [2013]). Present—Scudder, P.J., Centra, Lindley, Sconiers and Martoche, JJ.