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In the Matter of Michael J. Mimassi v. Town of Whitestown Zoning Board of Appeals

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


March 22, 2013

IN THE MATTER OF MICHAEL J. MIMASSI,
PETITIONER-APPELLANT,
v.
TOWN OF WHITESTOWN ZONING BOARD OF APPEALS,
RESPONDENT-RESPONDENT. (APPEAL NO. 2.)

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered July 19, 2012 in a proceeding pursuant to CPLR article 78.

Matter of Mimassi v Town of Whitestown 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.

Released on March 22, 2013

PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

The judgment dismissed the petition.

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

Same Memorandum as in Matter of Mimassi v Town of Whitestown Zoning Bd. of Appeals ([appeal No. 1] ___ AD3d ___ [Mar. 22, 2013]).

Entered: March 22, 2013

Frances E. Cafarell Clerk of the Court

20130322

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