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MATTER OF MIMASSI v. ZONING BD. OF APPEALS OF VIL. OF N.Y. MILLS

401 CA 22-01048.

218 A.D.3d 1234 (2023)

2023 NY Slip Op 04021

In the Matter of Michael Mimassi, Appellant, v. Zoning Board of Appeals of Village of New York Mills et al., Respondents.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

LAW OFFICE OF KEVIN T. O'BRIEN, WILLIAMSVILLE (KEVIN T. O'BRIEN OF COUNSEL), FOR PETITIONER-PLAINTIFF-APPELLANT.

KATHRYN M. FESTINE, UTICA, FOR RESPONDENTS-DEFENDANTS-RESPONDENTS.

Present— Whalen, P.J., Lindley, Montour, Ogden and Greenwood, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered June 23, 2022, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The judgment dismissed in part the amended petition/complaint.

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

Memorandum: Petitioner/plaintiff (petitioner) commenced this hybrid CPLR article 78 proceeding and...

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