| IN THE MATTER OF ANN MARIE RIOLO-NICOL, AS TRUSTEE OF RIOLO IRREVOCABLE TRUST , MARIA LEMMERMAN, JAMES LEMMERMAN, PAULA |
| Motion No: CA 22-00033 |
| Slip Opinion No: 2023 NY Slip Op 75328(U) |
| Decided on October 17, 2023 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 22-00033
| IN THE MATTER OF ANN MARIE RIOLO-NICOL, AS TRUSTEE OF
RIOLO IRREVOCABLE TRUST, ET AL., PETITIONER, MARIA LEMMERMAN, JAMES LEMMERMAN, PAULA CAPOCCIA AND LEO CAPOCCIA,
PETITIONERS-APPELLANTS, V CITY OF ROME ZONING BOARD OF APPEALS, CITY OF ROME PLANNING BOARD, ROME CITY SCHOOL DISTRICT BOARD
OF EDUCATION, CDS LIFE TRANSITIONS AND PASSERO ASSOCIATES, PC., RESPONDENTS-RESPONDENTS. |
Respondents City of Rome, New York Zoning Board of Appeals and its individually named members, City of Rome, New York Planning Board and its individually named members, and City of Rome, New York Chief Codes Enforcement Officer, Mark A. Domenico having moved to dismiss as moot, the appeal taken herein from a judgment of the Supreme Court, Oneida County, entered March 12, 2021,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice and leave to renew any arguments in support of or, in opposition to the motion in the briefs that remain outstanding.
Entered: October 17, 2023
Ann Dillon Flynn
Clerk of the Court