ZIOLKOWSKI, MICHAEL v. TOWN BOARD OF TOWN OF GRAND ISL ( 2011 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1322 CA 11-00784 PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND SCONIERS, JJ. IN THE MATTER OF THE APPLICATION OF MICHAEL ZIOLKOWSKI AND THOMAS BENNETT, PETITIONERS-APPELLANTS, V ORDER TOWN BOARD OF TOWN OF GRAND ISLAND, UPSTATE CELLULAR NETWORK, DOING BUSINESS AS VERIZON WIRELESS, RUSSELL COLOSI AND PATRICIA COLOSI, RESPONDENTS-RESPONDENTS. RICHARD J. LIPPES & ASSOCIATES, BUFFALO (GREGG S. MAXWELL OF COUNSEL), FOR PETITIONERS-APPELLANTS. HODGSON RUSS LLP, BUFFALO (DANIEL A. SPITZER OF COUNSEL), FOR RESPONDENT-RESPONDENT TOWN BOARD OF TOWN OF GRAND ISLAND. NIXON PEABODY LLP, BUFFALO (LAURIE S. BLOOM OF COUNSEL), FOR RESPONDENT-RESPONDENT UPSTATE CELLULAR NETWORK, DOING BUSINESS AS VERIZON WIRELESS. Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 5, 2011 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition and confirmed the determinations of respondent Town Board of Town of Grand Island. 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: December 23, 2011 Frances E. Cafarell Clerk of the Court