Matter of Komarek v Planning Bd. of Town of Middlesex
2018 NY Slip Op 02989 [160 AD3d 1445]
April 27, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 30, 2018


[*1]
 In the Matter of Andrew R. Komarek, Appellant,
v
Planning Board of Town of Middlesex et al., Respondents.

Morgenstern Devoesick PLLC, Pittsford (Vivek J. Thiagarajan of counsel), for petitioner-appellant.

Hancock Estabrook, LLP, Syracuse (Janet D. Callahan of counsel), for respondents-respondents.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Yates County (W. Patrick Falvey, A.J.), entered December 1, 2016 in a proceeding pursuant to CPLR article 78. The judgment, among other things, denied 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—Smith, J.P., Carni, NeMoyer and Winslow, JJ.