Mimassi v. Town of Whitestown Zoning Board of Appeals

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.

*1281Same memorandum as in Matter of Mimassi v Town of Whitestown Zoning Bd. of Appeals (104 AD3d 1280 [2013]). Present — Scudder, P.J., Centra, Lindley, Sconiers and Martoche, JJ.