Hyperlawhypertext legal database Rescue Mission of Utica, Inc. v. City of Utica 140 A.D.3d 1670

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Rescue Mission of Utica, Inc. v. City of Utica

140 A.D.3d 1670 Court N.Y. App. Div. Decision date 2016-06-10 Docket Appeal No. 1 English

Judges Present — Smith, J.P., Centra, DeJoseph, Curran and Scudder, JJ.

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p. 1670
In the Matter of Rescue Mission of Utica, Inc., Respondent, v City of Utica et al., Respondents, and Michael S. Rizzo, Appellant.
(Appeal No. 1.)
[31 NYS3d 917]

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Erin P. Gall, J.), entered March 17, 2014 in a CPLR article 78 proceeding. The judgment granted the petition, adjudged that petitioner’s use of its property is legal and reversed the determination of respondent Zoning Board of Appeals of the City of Utica.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Present — Smith, J.P., Centra, DeJoseph, Curran and Scudder, JJ.