Matter of Rizzo v Rescue Mission of the City of Utica, Inc.

Matter of Rizzo v Rescue Mission of the City of Utica, Inc. 2016 NY Slip Op 04571 Decided on June 10, 2016 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 10, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CENTRA, DEJOSEPH, CURRAN, AND SCUDDER, JJ.
504 CA 15-01181

[*1]IN THE MATTER OF MICHAEL S. RIZZO, PETITIONER-APPELLANT,

v

RESCUE MISSION OF THE CITY OF UTICA, INC., CITY OF UTICA, DAVID ROEFARO, AS MAYOR OF CITY OF UTICA AND AS ACTING COMMISSIONER OF CODES, AND JOHN GILBRIDE, AS CHIEF BUILDING INSPECTOR FOR CITY OF UTICA ZONING BOARD OF APPEALS, RESPONDENTS-RESPONDENTS. (APPEAL NO. 2.)

PETER J. DIGIORGIO, JR., UTICA, FOR PETITIONER-APPELLANT.

SCHMITT & LASCURETTES, LLC, UTICA (WILLIAM P. SCHMITT OF COUNSEL), FOR RESPONDENT-RESPONDENT RESCUE MISSION OF THE CITY OF UTICA, INC.

WILLIAM M. BORRILL, CORPORATION COUNSEL, UTICA (KATHRYN HARTNETT OF COUNSEL), FOR RESPONDENTS-RESPONDENTS CITY OF UTICA, DAVID ROEFARO, AS MAYOR OF CITY OF UTICA AND AS ACTING COMMISSIONER OF CODES, AND JOHN GILBRIDE, AS CHIEF BUILDING INSPECTOR FOR CITY OF UTICA ZONING BOARD OF APPEALS.

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Erin P. Gall, J.), entered January 26, 2015 in a CPLR article 78 proceeding. The judgment dismissed the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: June 10, 2016

Frances E. Cafarell

Clerk of the Court