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Marriott v. Town and Village of Lowville Zoning Board of Appeals

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


October 1, 2010

IN THE MATTER OF ALFRED F. MARRIOTT, PETITIONER-APPELLANT,
v.
TOWN AND VILLAGE OF LOWVILLE ZONING BOARD OF APPEALS AND SCOTT B. MILLER, INDIVIDUALLY AND DOING BUSINESS AS MILLER'S SMALL ENGINE, RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated judgment and order) of the Supreme Court, Lewis County (Joseph D. McGuire, J.), entered July 10, 2009 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

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: FAHEY, J.P., LINDLEY, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

20101001

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