Town of Leray v. Vill. of Evans Mills & Vill. of Evans Mills Planning Bd.

• Decision Date: 09 May 2018
• Docket Number: 705,CA 17–02196
• Citation: 73 N.Y.S.3d 775 (Mem)
• Parties: In the Matter of TOWN OF LERAY, Petitioner–Plaintiff–Appellant–Respondent, v. VILLAGE OF EVANS MILLS and Village of Evans Mills Planning Board, Respondents–Defendants–Respondents–Appellants.
• Court: New York Supreme Court — Appellate Division

161 A.D.3d 1593

73 N.Y.S.3d 775 (Mem)

In the Matter of TOWN OF LERAY, Petitioner–Plaintiff–Appellant–Respondent,

v.VILLAGE OF EVANS MILLS and Village of Evans Mills Planning Board, Respondents–Defendants–Respondents–Appellants.

705

CA 17–02196

Supreme Court, Appellate Division, Fourth Department, New York.

Decided May 9, 2018

HRABCHAK & GEBO, P.C., WATERTOWN (MARK G. GEBO OF COUNSEL), FOR PETITIONER–PLAINTIFF–APPELLANT–RESPONDENT.

BOND, SCHOENECK & KING, PLLC, SYRACUSE (BRODY D. SMITH OF COUNSEL), FOR RESPONDENTS–DEFENDANTS–RESPONDENTS–APPELLANTS.

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, DEJOSEPH, AND TROUTMAN, JJ.

ORDER

Appeal and cross appeal from a decision of the Supreme Court, Jefferson County ( James P. McClusky, J.), entered March 3, 2017 in a CPLR article 78 proceeding and declaratory judgment action. The decision found that the zoning laws of respondents-defendants do not apply to petitioner-plaintiff's construction of a barn but do apply to the construction of a new entrance from Willow Street.

It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs (see Kuhn v. Kuhn, 129 A.D.2d 967, 967, 514 N.Y.S.2d 284 [4th Dept. 1987] ).