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Scaglione v. Zoning Board of Appeals

188 A.D.2d 1088 Court N.Y. App. Div. Decision date 1992-12-30 English

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p. 1088
In the Matter of Ronald Scaglione et al., Respondents, v Zoning Board of Appeals of the Town of New Hartford, Respondent, and City of Utica et al., Appellants.

Appeal unanimously dismissed without costs. Memorandum: Respondents City of Utica and the Board of Water Supply of the City of Utica appeal from an order denying their motion to dismiss the petition in this CPLR article 78 proceeding. An order in an article 78 proceeding is not appealable as of right (see, CPLR 5701 [b] [1]). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J. — Article 78.) Present — Boomer, J. P., Pine, Lawton, Boehm and Davis, JJ.