Matter of Glacial Aggregates LLC v Zielonka

Matter of Glacial Aggregates LLC v Zielonka 2006 NY Slip Op 08485 [34 AD3d 1298] November 17, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

In the Matter of Glacial Aggregates LLC, Respondent, v Marvin D. Zielonka, as Code Enforcement Officer of the Town of Yorkshire, Appellant. (Appeal No. 1.)

—[*1]Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered May 20, 2005 in a proceeding pursuant to CPLR article 78. The order denied respondent's motion to dismiss the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see CPLR 5701 [b] [1]). Present—Hurlbutt, A.P.J., Kehoe, Smith and Green, JJ.