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Mellon v. City of Niagara Falls

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


November 12, 2010

IN THE MATTER OF DEBORAH MELLON, BRIAN SYKES, MARY SYKES, MICHAEL WOODWARD, AND SUSAN WOODWARD, PETITIONERS-APPELLANTS,
v.
CITY OF NIAGARA FALLS, VINCE SPADORCIA, LINDA SEEFELDT, ERNEST KITCHEN, ANTHONY SCRICCO, JOSEPH SCHIRO, ANTONIO RESTAINO, AND ZACHARY CASALES, CONSTITUTING THE ZONING BOARD OF APPEALS OF CITY OF NIAGARA FALLS, BASIL C. STAHLMAN, JR., AND BASIL C. STAHLMAN, III, RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered March 19, 2010 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: SMITH, J.P., LINDLEY, SCONIERS, PINE, AND GORSKI, JJ.

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

20101112

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