Camperlino v Town of Manlius Mun. Corp.
2015 NY Slip Op 08265 [133 AD3d 1228]
November 13, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 30, 2015


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  W. James Camperlino, Appellant, v Town of Manlius Municipal Corporation et al., Respondents, and Benita Rogers et al., Intervenors-Respondents.

Longstreet & Berry, LLP, Syracuse (Michael J. Longstreet of counsel), for plaintiff-appellant.

Harris Beach PLLC, Syracuse (David M. Capriotti of counsel), for defendant-respondent Town of Manlius Municipal Corporation.

Mackenzie Hughes LLP, Syracuse (W. Bradley Hunt of counsel), for defendant-respondent Village of Manlius.

Neil M. Gingold, Fayetteville, for Intervenors-respondents.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered July 25, 2014 in a declaratory judgment action. The judgment, among other things, adjudged that the restrictive covenants in the 1981 agreement apply to plaintiff's property in lots 95 and 85 east of Sweet Road in the Town of Manlius.

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., Smith, Carni, Lindley and Valentino, JJ.