Sirianno v. Town of Poland Zoning Board of Appeals

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Chautauqua County (Joseph Gerace, J), entered December 31, 2003 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

*1065Memorandum: Petitioners commenced a CPLR article 78 proceeding seeking to annul a determination of respondent Town of Poland Zoning Board of Appeals (ZBA) granting an area variance to Crown Atlantic Company, LLC (respondent) for a cellular telephone tower…