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Legacy at Fairways, LLC v. McAdoo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


August 20, 2010

IN THE MATTER OF LEGACY AT FAIRWAYS, LLC, US HOMES CO., INC., MARK IV CONSTRUCTION CO., INC., AND CHRISTOPHER A. DIMARZO, PETITIONERS-PLAINTIFFS-RESPONDENTS,
v.
SEAN MCADOO, ALLAN J. BENEDICT, ZONING BOARD OF APPEALS OF TOWN OF VICTOR, AND TOWN OF VICTOR, RESPONDENTS-DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered May 15, 2009 in a CPLR article 78 proceeding and a declaratory judgment action. The order, inter alia, granted the motion of petitioners-plaintiffs for summary judgment.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SMITH, J.P., FAHEY, CARNI, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

20100820

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