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In the Matter of Michael A. Moon and Tracy L. Moon v. Village of Brocton Zoning Board of Appeals and John A. Simone

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


December 30, 2010

IN THE MATTER OF MICHAEL A. MOON AND TRACY L. MOON,
PETITIONERS-APPELLANTS,
v.
VILLAGE OF BROCTON ZONING BOARD OF APPEALS AND JOHN A. SIMONE,
RESPONDENTS-RESPONDENTS.

Appeal from a judgment of the Supreme Court, Chautauqua County James H. Dillon, J. entered January 5, 2010 in a proceeding pursuant to CPLR article 78. The judgment, among other things, denied plaintiffs' motion to set aside the use variance granted to defendant John A. Simone by defendant Village of Brocton Zoning Board of Appeals.

Matter of Moon v Village of Brocton Zoning Bd. of Appeals

Appellate Division, Fourth Department

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: MARTOCHE, J.P., CENTRA, FAHEY, LINDLEY, AND SCONIERS, 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.

Entered: December 30, 2010

Patricia L. Morgan Clerk of the Court

20101230

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