MIMASSI, MICHAEL J. v. TOWN OF WHITESTOWN ZBA

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 12-01653 PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

IN THE MATTER OF MICHAEL J. MIMASSI, PETITIONER-APPELLANT, V MEMORANDUM AND ORDER TOWN OF WHITESTOWN ZONING BOARD OF APPEALS, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)

DOUGLAS H. ZAMELIS, MANLIUS, FOR PETITIONER-APPELLANT.

WILLIAM P. SCHMITT, TOWN ATTORNEY, UTICA, FOR RESPONDENT-RESPONDENT.

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered July 19, 2012 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously vacated without costs.

Same Memorandum as in Matter of Mimassi v Town of Whitestown Zoning Bd. of Appeals ([appeal No. 1] ___ AD3d ___ [Mar. 22, 2013]).

Entered: March 22, 2013 Frances E. Cafarell Clerk of the Court