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MATTER OF SHERBK, INC. v. CITY OF SYRACUSE BD. OF ZONING APPEALS

121 CA 21-00693.

204 A.D.3d 1406 (2022)

167 N.Y.S.3d 674

2022 NY Slip Op 02662

In the Matter of Sherbk, Inc., Appellant, v. City of Syracuse Board of Zoning Appeals et al., Respondents.

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

Decided April 22, 2022.

Attorney(s) appearing for the Case

DOUGLAS H. ZAMELIS, COOPERSTOWN, FOR PETITIONER-APPELLANT.

BOND, SCHOENECK & KING, PLLC, SYRACUSE (RICHARD L. WEBER OF COUNSEL), FOR RESPONDENT-RESPONDENT CITY OF SYRACUSE BOARD OF ZONING APPEALS.

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE (JOHN R. LANGEY OF COUNSEL), FOR RESPONDENT-RESPONDENT LMP SYRACUSE PROPERTY OWNER, LLC.

HANCOCK ESTABROOK, LLP, SYRACUSE (JAMES P. YOUNGS OF COUNSEL), FOR RESPONDENT-RESPONDENT TEMPLE SOCIETY OF CONCORD.

Present—Whalen, P.J., Smith, Centra and Peradotto, JJ.

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

Memorandum: In this CPLR article 78 proceeding in the nature of prohibition, petitioner appeals from a judgment granting, on several grounds, the motions of respondents to dismiss the petition against them. Petitioner commenced this proceeding seeking, among other relief, a judgment prohibiting respondent City of Syracuse Board of Zoning Appeals (ZBA) from acting on an application...

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