| Matter of Rescue Mission of Utica, Inc. v City of Utica |
| 2016 NY Slip Op 04570 [140 AD3d 1670] |
| June 10, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Rescue Mission of Utica, Inc., Respondent, v City of Utica et al., Respondents, and Michael S. Rizzo, Appellant. (Appeal No. 1.) |
Peter J. Digiorgio, Jr., Utica, for respondent-appellant.
Schmitt & Lascurettes, LLC, Utica (William P. Schmitt of counsel), for petitioner-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Erin P. Gall, J.), entered March 17, 2014 in a CPLR article 78 proceeding. The judgment granted the petition, adjudged that petitioner's use of its property is legal and reversed the determination of respondent Zoning Board of Appeals of the City of Utica.
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—Smith, J.P., Centra, DeJoseph, Curran and Scudder, JJ.