POHOPEK, ALFONS J. v. TOWN OF WESTERN ZONING BOARD OF APP ( 2011 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 696 CA 11-00319 PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, GORSKI, AND MARTOCHE, JJ. IN THE MATTER OF ALFONS J. POHOPEK, PETITIONER-APPELLANT, V ORDER TOWN OF WESTERN ZONING BOARD OF APPEALS AND DONALD CROFT, RESPONDENTS-RESPONDENTS. GUSTAVE J. DETRAGLIA, JR., UTICA, FOR PETITIONER-APPELLANT. CHARLES W. ENGELBRECHT, ROME, FOR RESPONDENT-RESPONDENT TOWN OF WESTERN ZONING BOARD OF APPEALS. Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered June 29, 2010 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: June 10, 2011 Patricia L. Morgan Clerk of the Court