MATTER OF SCAGLIONE v. ZONING BD. OF APPEALS OF THE TOWN OF NEW HARTFORD


188 A.D.2d 1088 (1992)

In the Matter of Ronald Scaglione et al., Respondents, v. Zoning Board of Appeals of the Town of New Hartford, Respondent, and City of Utica et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 30, 1992


Appeal unanimously dismissed without costs.

Memorandum:

Respondents City of Utica and the Board of Water Supply of the City of Utica appeal from an order denying their motion to dismiss the petition in this CPLR article 78 proceeding. An order in an article 78 proceeding is not appealable as of right (see, CPLR...

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