Legal Opinion

Certified Road Constructors, Inc. v. Town of Russia Zoning Board of Appeals

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 2015Published

1Opinion of the Court

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Herkimer County (Norman I. Siegel, J.), entered April 16, 2014 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.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul a determination of respondent, Town of Russia Zoning Board of Appeals (ZBA), denying petitioners’ appeal of a stop work order issued by the “Codes/ Zoning Enforcement Officer” of the Town of Russia (Town) after…

2Cases cited5 opinions

  1. Ifrah v. UtschigNew York Court of Appeals · 2002
  2. Matter of Collins v. BehanNew York Court of Appeals · 1941
  3. Stein v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1984
  4. Sunset Sanitation Service Corp. v. Board of Zoning Appeals of Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 1991
  5. Silveri v. NolteAppellate Division of the Supreme Court of the State of New York · 1987

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