Becker-Manning, Inc. v. Common Council

Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered February 6, 2013. The order and judgment granted defendants’ motions to dismiss the complaint.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed with costs.

Memorandum: In this action seeking a judgment declaring that plaintiffs two parcels of property were zoned two-family residential, plaintiff appeals from an order and judgment that dismissed the complaint. Supreme Court granted defendants’ motions to dismiss the complaint upon…