MATTER OF CERTIFIED ROAD CONSTRUCTORS, INC. v. TOWN OF RUSSIA ZONING BOARD OF APPEALS

934 CA 15-00113

133 A.D.3d 1278 (2015)

19 N.Y.S.3d 444

2015 NY Slip Op 08524

In the Matter of CERTIFIED ROAD CONSTRUCTORS, INC., Doing Business as MATERIAL SAND & GRAVEL and TROY SAND & GRAVEL CO., INC., Appellants, v. TOWN OF RUSSIA ZONING BOARD OF APPEALS, Respondent.

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

Decided November 20, 2015.


Appeal from a judgment (denominated order and judgment) of the Supreme Court, Herkimer County (Norman I. Siegel, J.), entered April 16, 2014 in a CPLR article 78 proceeding. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul a determination of respondent, Town of Russia Zoning Board of Appeals ...

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