RIZZO, MICHAEL S. v. RESCUE MISSION OF UTICA, INC.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 15-01181 PRESENT: SMITH, J.P., CENTRA, DEJOSEPH, CURRAN, AND SCUDDER, JJ.

IN THE MATTER OF MICHAEL S. RIZZO, PETITIONER-APPELLANT, V ORDER RESCUE MISSION OF THE CITY OF UTICA, INC., CITY OF UTICA, DAVID ROEFARO, AS MAYOR OF CITY OF UTICA AND AS ACTING COMMISSIONER OF CODES, AND JOHN GILBRIDE, AS CHIEF BUILDING INSPECTOR FOR CITY OF UTICA ZONING BOARD OF APPEALS, RESPONDENTS-RESPONDENTS. (APPEAL NO. 2.)

PETER J. DIGIORGIO, JR., UTICA, FOR PETITIONER-APPELLANT.

SCHMITT & LASCURETTES, LLC, UTICA (WILLIAM P. SCHMITT OF COUNSEL), FOR RESPONDENT-RESPONDENT RESCUE MISSION OF THE CITY OF UTICA, INC. WILLIAM M. BORRILL, CORPORATION COUNSEL, UTICA (KATHRYN HARTNETT OF COUNSEL), FOR RESPONDENTS-RESPONDENTS CITY OF UTICA, DAVID ROEFARO, AS MAYOR OF CITY OF UTICA AND AS ACTING COMMISSIONER OF CODES, AND JOHN GILBRIDE, AS CHIEF BUILDING INSPECTOR FOR CITY OF UTICA ZONING BOARD OF APPEALS.

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Erin P. Gall, J.), entered January 26, 2015 in a CPLR article 78 proceeding. 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: June 10, 2016 Frances E. Cafarell Clerk of the Court