| Matter of Town of Leray v Village of Evans Mills |
| 2018 NY Slip Op 03334 |
| Decided on May 9, 2018 |
| 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. |
Decided on May 9, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, DEJOSEPH, AND TROUTMAN, JJ.
705 CA 17-02196
v
VILLAGE OF EVANS MILLS AND VILLAGE OF EVANS MILLS PLANNING BOARD, RESPONDENTS-DEFENDANTS-RESPONDENTS-APPELLANTS.
HRABCHAK & GEBO, P.C., WATERTOWN (MARK G. GEBO OF COUNSEL), FOR PETITIONER-PLAINTIFF-APPELLANT-RESPONDENT.
BOND, SCHOENECK & KING, PLLC, SYRACUSE (BRODY D. SMITH OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS-APPELLANTS.
Appeal and cross appeal from a decision of the Supreme Court, Jefferson County (James P. McClusky, J.), entered March 3, 2017 in a CPLR article 78 proceeding and declaratory judgment action. The decision found that the zoning laws of respondents-defendants do not apply to petitioner-plaintiff's construction of a barn but do apply to the construction of a new entrance from Willow Street.
It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs (see Kuhn v Kuhn , 129 AD2d 967, 967 [4th Dept 1987]).
Entered: May 9, 2018
Mark W. Bennett
Clerk of the Court