Carrol's Development Corp. v. Gibson — 53 N.Y.2d 813

Majority

p. 813

In the Matter of Carrol’s Development Corporation, Respondent, v Beth Gibson et al., Constituting the Zoning Board of Appeals of the Town of Penfield, Appellants.

Argued March 31, 1981;

decided April 28, 1981

p. 815

APPEARANCES OF COUNSEL

Richard J. Horwitz and Richard A. Kroll for appellants.

Robert P. Hanks for respondent.

OPINION OF THE COURT

Determination appealed from and order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 73 AD2d 1050 ). We note that, for the purposes of a CPLR 5601 (subd [d]) appeal, appellants are parties aggrieved within the meaning of CPLR 5511.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.