SCHLOSSIN v. TOWN OF MARILLA


48 A.D.3d 1118 (2008)

852 N.Y.S.2d 515

ROBERT SCHLOSSIN et al., Appellants, v. TOWN OF MARILLA et al., Respondents.

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

Decided February 1, 2008.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the provision dismissing that part of the complaint seeking a declaration and granting judgment in favor of defendants as follows: "It is ADJUDGED and DECLARED that Town of Marilla Zoning Law §§ 210-8, 210-10 (A) and § 210-11 (A) (28) are valid and as modified the judgment is affirmed without costs."

Memorandum:

Plaintiff Robert Schlossin,...

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