Matter of Siano v City of Saratoga Springs Zoning Bd. of Appeals
2007 NY Slip Op 04756 [41 AD3d 952]
June 7, 2007
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


In the Matter of Ralph Siano et al., Respondents, v City of Saratoga Springs Zoning Board of Appeals, Appellant.

—[*1] Michael Englert, City Attorney, Saratoga Springs (Anthony J. Izzo of counsel), for appellant.

Ginley & Gottmann, P.C., Saratoga Springs (Steven H. Gottmann of counsel), for respondents.

Appeal from a judgment of the Supreme Court (Nolan, Jr., J.), entered June 20, 2006 in Saratoga County, which granted petitioners' application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent denying petitioners' request for a use variance.

Judgment affirmed, upon the opinion of Justice Thomas E. Nolan, Jr.

Crew III, J.P., Spain, Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed, with costs.