1. Home
  2. Browse Decisions
  3. NY
  4. 2024 NY
  5. 2024 NY Slip Op 00494
 

MATTER OF RIOLO-NICOL v. CITY OF ROME ZONING BOARD OF APPEALS

10 CA 22-00033.

2024 NY Slip Op 00494

IN THE MATTER OF ANN MARIE RIOLO-NICOL, AS TRUSTEE OF RIOLO IRREVOCABLE TRUST, ET AL., Petitioners, MARIA LEMMERMAN, JAMES LEMMERMAN, PAULA CAPOCCIA AND LEO CAPOCCIA, Petitioners-Appellants, v. CITY OF ROME ZONING BOARD OF APPEALS, CITY OF ROME PLANNING BOARD, ROME CITY SCHOOL DISTRICT, ROME CITY SCHOOL DISTRICT BOARD OF EDUCATION, CDS LIFE TRANSITIONS, PASSERO ASSOCIATES, P.C., ET AL., Respondents-Respondents.

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

Decided February 2, 2024.

Attorney(s) appearing for the Case

MARIA LEMMERMAN, JAMES LEMMERMAN, PAULA CAPOCCIA AND LEO CAPOCCIA, PETITIONERS-APPELLANTS PRO SE.

GERARD FEENEY , CORPORATION COUNSEL, ROME ( ANGELA TWOMEY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS CITY OF ROME ZONING BOARD OF APPEALS, JOHN SORBELLO, IN HIS OFFICIAL CAPACITY AS CHAIRMAN, RAYMOND TUCKER, IN HIS OFFICIAL CAPACITY AS MEMBER, JOSEPH PASQUELTTI, IN HIS OFFICIAL CAPACITY AS MEMBER, JAMES DICASTRO, IN HIS OFFICIAL CAPACITY AS MEMBER, AND MICHAEL BOTTINI, IN HIS OFFICIAL CAPACITY AS MEMBER.

FERRARA FIORENZA PC, EAST SYRACUSE ( NICOLE MARLOW-JONES OF COUNSEL), FOR RESPONDENTS-RESPONDENTS ROME CITY SCHOOL DISTRICT AND ROME CITY SCHOOL DISTRICT BOARD OF EDUCATION.

PRESENT: WHALEN, P.J., LINDLEY, OGDEN, AND NOWAK, JJ.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (David A. Murad, J.), entered March 11, 2021, in a proceeding pursuant to CPLR article 78. The judgment, among other things, denied and dismissed petitioners' first amended petition.

It is hereby ORDERED that said appeal is unanimously dismissed without costs as moot (see Saratoga County Chamber of Commerce v Pataki, 100 N.Y.2d 801

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases