Monaghan v. Smith (56 A.D.2d 1226, 2008)

— 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).]