Opinion
CA 03-02534.
Decided June 14, 2004.
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered September 10, 2003 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
DI FILIPPO FLAHERTY, EAST AURORA (ANTHONY DI FILIPPO, III, OF COUNSEL) FOR PETITIONERS-APPELLANTS.
RONALD D. ANTON, CORPORATION COUNSEL, NIAGARA FALLS (THOMAS M. O'DONNELL OF COUNSEL), FOR RESPONDENTS-RESPONDENTS ZONING BOARD OF APPEALS OF CITY OF NIAGARA FALLS AND CITY OF NIAGARA FALLS.
WHITEMAN OSTERMAN HANNA LLP, ALBANY (JOHN J. HENRY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS BENDERSON DEVELOPMENT COMPANY, INC. AND RANDALL BENDERSON 1993-1 TRUST.
Before: PRESENT: GREEN, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.
Same Memorandum as in Matter of Citizens Against Sprawl-Mart v. Planning Bd. of City of Niagara Falls ([appeal No. 2] 8 A.D.3d 1052 [June 14, 2004]).