Matter of Mellon v City of Niagara Falls

Matter of Mellon v City of Niagara Falls 2010 NY Slip Op 08220 [78 AD3d 1554] November 12, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2011

In the Matter of Deborah Mellon et al., Appellants, v City of Niagara Falls et al., Respondents.

—[*1] Seaman, Jones, Hogan & Brooks, LLP, Lockport (Abraham J. Platt of counsel), for petitioners-appellants.

Craig H. Johnson, Corporation Counsel, Niagara Falls (Thomas M. O'Donnell of counsel), for respondents-respondents City of Niagara Falls, Vince Spadorcia, Linda Seefeldt, Ernest Kitchen, Anthony Scricco, Joseph Schiro, Antonio Restaino and Zachary Casales, Constituting the Zoning Board of Appeals of City of Niagara Falls.

Maloney & Maloney, Niagara Falls (Michael V. Maloney of counsel), for respondents-respondents Basil C. Stahlman, Jr. and Basil C. Stahlman, III.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered March 19, 2010 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Lindley, Sconiers, Pine and Gorski, JJ.