Scaglione v. Zoning Board of Appeals

Appeal unanimously dismissed without costs. Memorandum: Respondents City of Utica and the Board of Water Supply of the City of Utica appeal from an order denying their motion to dismiss the petition in this CPLR article 78 proceeding. An order in an article 78 proceeding is not appealable as of right (see, CPLR 5701 [b] [1]). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J. — Article 78.) Present — Boomer, J. P., Pine, Lawton, Boehm and Davis, JJ.