Matter of Glacial Aggregates LLC v Zielonka

Matter of Glacial Aggregates LLC v Zielonka 2006 NY Slip Op 08486 [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. 2.)

—[*1]Appeal from a judgment of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered June 17, 2005 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs for the reasons stated in decision at Supreme Court. Present—Hurlbutt, A.P.J., Kehoe, Smith and Green, JJ.