Marcy Excavation Co. v. Town of Throop

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered February 11, 2003. The judgment converted the action to a proceeding pursuant to CPLR article 78 and granted defendants’ motion to dismiss the proceeding.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Pigott, Jr., EJ., Pine, Wisner, Scudder and Lawton, JJ.