Gilbert v. Endres

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Ontario County [Frederick G. *1105Reed, A.J.], entered May 7, 2004) to review a determination of respondents. The determination granted a special use permit.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously vacated without costs and the matter is remitted to Supreme Court, Ontario County, for further proceedings in accordance with the following memorandum: Petitioners commenced this CPLR article…