Matter of Monaghan v Smith

Matter of Monaghan v Smith 2008 NY Slip Op 08911 [56 AD3d 1226] November 14, 2008 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

In the Matter of L. Edward Monaghan et al., as Trustees of the Monaghan Living Trust Dated May 10, 1999, Appellants, v Graham Smith et al., Constituting the Zoning Board of Appeals of the Town of Canandaigua, Respondents, and Marion A. Cassie, Intervenor-Respondent.

—[*1] Kenyon & Kenyon, Canandaigua (William R. Kenyon of counsel), for petitioners-appellants.

Rose and Reh, LLC, Victor (Thomas D. Reh of counsel), for respondents-respondents.

Marion A. Cassie, intervenor-respondent, pro se.

Appeal from a judgment of the Supreme Court, Ontario County (John J. Ark, J.), entered July 23, 2007 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition to annul certain determinations of the Zoning Board of Appeals of the Town of Canandaigua.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Martoche, Centra, Lunn and Gorski, JJ. [See 2007 NY Slip Op 31339(U) (2007).]