People, Inc. v. City of Tonawanda Zoning Board of Appeals

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered January 21, 2014 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Respondent appeals from a judgment that, inter alia, granted the CPLR article 78 petition and annulled *1335the determination of respondent denying petitioners’ application for two area variances. We agree with respondent that Supreme Court erred in…