THOMAS, DAVID v. ZBA OF TOWN OF GRAND ISLAND

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 12-01201 PRESENT: CENTRA, J.P., FAHEY, CARNI, LINDLEY, AND WHALEN, JJ.

IN THE MATTER OF DAVID THOMAS AND GLENN WALLACE, PETITIONERS-APPELLANTS, V ORDER ZONING BOARD OF APPEALS OF TOWN OF GRAND ISLAND AND DONALD R. TURNER, RESPONDENTS-RESPONDENTS.

RICHARD J. LIPPES & ASSOCIATES, BUFFALO (RICHARD J. LIPPES OF COUNSEL), FOR PETITIONERS-APPELLANTS.

HODGSON RUSS LLP, BUFFALO (CHARLES W. MALCOMB OF COUNSEL), FOR RESPONDENT-RESPONDENT ZONING BOARD OF APPEALS OF TOWN OF GRAND ISLAND.

DAMON MOREY LLP, CLARENCE (COREY A. AUERBACH OF COUNSEL), FOR RESPONDENT-RESPONDENT DONALD R. TURNER.

Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered March 23, 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 affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: March 15, 2013 Frances E. Cafarell Clerk of the Court