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. Reed, A.J.], entered May 20, 2005) to annul a determination of respondents. The determination granted a special use permit.

It is hereby ordered that said proceeding be and the same hereby is unanimously dismissed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul the determination granting their neighbor a special use permit to hold an annual fall harvest…