| Matter of Fox v Town of Geneva Zoning Bd. of Appeals |
| 2019 NY Slip Op 07161 [176 AD3d 1579] |
| October 4, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Stephen Fox, Appellant, v Town of Geneva Zoning Board of Appeals et al., Respondents. (Appeal No. 2.) |
Weaver Mancuso Frame LLC, Rochester (John A. Mancuso of counsel), for petitioner-plaintiff-appellant.
Barth Sullivan Behr, Syracuse (Lauren Miller of counsel), for respondents-defendants-respondents.
Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered February 11, 2019, in a CPLR article 78 proceeding and action under 42 USC §§ 1983, 1985 and 1988. The order denied petitioner-plaintiff's motion for leave to renew the first cause of action in his petition-complaint.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Matter of Fox v Town of Geneva Zoning Bd. of Appeals ([appeal No. 1] 176 AD3d 1576 [4th Dept 2019]). Present—Whalen, P.J., Centra, Peradotto, Lindley and DeJoseph, JJ.