Matter of Horvath Communications, Inc. v Town of Lockport Zoning Bd. of Appeals, 2020 NY Slip Op 03343 [184 AD3d 1155]

June 12, 2020

Appellate Division, Fourth Department

[*1]

In the Matter of Horvath Communications, Inc., et al., Respondents,

v

Town of Lockport Zoning Board of Appeals et al., Respondents. David Marotta et al., Intervenors-Appellants.

Lippes & Lippes, Buffalo (Richard J. Lippes of counsel), for Intervenors-appellants.

The Murray Law Firm PLLC, Clifton Park (Jacqueline Phillips Murray of counsel), for petitioners-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Daniel Furlong, J.), entered October 31, 2018, in a proceeding pursuant to CPLR article 78. The judgment granted the petition in part.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2018 NY Slip Op 33830[U] [Sup Ct, Niagara County 2018]). Present—Smith, J.P., Troutman, Winslow, Bannister and DeJoseph, JJ..