Matter of Town of Sennett Town Bd. v Rybach & Rig Props., LLC

Matter of Town of Sennett Town Bd. v Rybach & Rig Props., LLC 2009 NY Slip Op 09933 [68 AD3d 1818] December 30, 2009 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Town of Sennett Town Board et al., Respondents,
v
Rybach & Rig Properties, LLC, et al., Respondents, Greg Rigby, Appellant, and Town of Sennett Zoning Board of Appeals, Respondent.

—[*1] Greg Rigby, respondent-appellant pro se.

Cheney & Blair, LLP, Skaneateles (Donald J. Cheney of counsel), for petitioners-respondents.

Costello, Cooney & Fearon, PLLC, Syracuse (John R. Langey of counsel), for respondent-respondent.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered July 14, 2008 in a proceeding pursuant to CPLR article 78. The judgment, insofar as appealed from, denied the cross claim of respondents Rybach & Rig Properties, LLC, The East End Creamery, LLC, Greg Rigby, Mark Bachman and John Ryan.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Centra, J.P., Peradotto, Carni, Pine and Gorski, JJ.