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In the Matter of the Application of Michael Ziolkowski and Thomas Bennett v. Town Board of Town of Grand Island

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


December 23, 2011

IN THE MATTER OF THE APPLICATION OF MICHAEL ZIOLKOWSKI AND THOMAS BENNETT,
PETITIONERS-APPELLANTS,
v.
TOWN BOARD OF TOWN OF GRAND ISLAND, UPSTATE CELLULAR NETWORK, DOING BUSINESS AS VERIZON WIRELESS,
RUSSELL COLOSI AND PATRICIA COLOSI, RESPONDENTS-RESPONDENTS.

Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 5, 2011 in a proceeding pursuant to CPLR article 78.

Matter of Matter of Ziolkowski v Town Bd. of Town of Grand Is.

Decided on December 23, 2011

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: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND SCONIERS, JJ.

The judgment dismissed the petition and confirmed the determinations of respondent Town Board of Town of Grand Island.

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 23, 2011

Frances E. Cafarell Clerk of the Court

20111223

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