Matter of Dykes v Planning Bd. of Town of Webster

Matter of Dykes v Planning Bd. of Town of Webster 2007 NY Slip Op 08507 [45 AD3d 1288] November 9, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

In the Matter of Jeanne M. Dykes, Appellant, v Planning Board of Town of Webster et al., Respondents, et al., Respondent.

—[*1] Buchanan Ingersoll & Rooney PC, Buffalo (Andrew J. Romanow of counsel), for petitioner-appellant.

Charles J. Genese, Town Attorney, Webster (Raja N. Sekharan of counsel), for respondents-respondents Planning Board of the Town of Webster and Angelo Arcoleo, Acting Chairperson of the Planning Board of the Town of Webster.

Fix Spindelman Brovitz & Goldman, P.C., Fairport (Karl S. Essler of counsel), for respondent-respondent Christa Development Corporation.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (David D. Egan, J.), entered November 1, 2006 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

Now, upon the stipulation discontinuing proceeding signed by the attorneys for the parties on September 7, 2007, and filed in the Monroe County Clerk's Office on September 11, 2007,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Martoche, J.P., Smith, Peradotto, Green and Pine, JJ.