Matter of Riolo-Nicol v City of Rome Zoning Bd. of Appeals, 2024 NY Slip Op 00494 [224 AD3d 1218]

February 2, 2024

Appellate Division, Fourth Department

[*1]

In the Matter of Ann Marie Riolo-Nicol, as Trustee of Riolo Irrevocable Trust, et al., Petitioners, and Maria Lemmerman et al., Appellants,

v

City of Rome Zoning Board of Appeals et al., Respondents.

Maria Lemmerman and others, petitioners-appellants pro se.

Gerard Feeney, Corporation Counsel, Rome (Angela Twomey of counsel), for respondents-respondents City of Rome Zoning Board of Appeals and others.

Ferrara Fiorenza PC, East Syracuse (Nicole Marlow-jones of counsel), for respondents-respondents Rome City School District and another.

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 NY2d 801, 810-811 [2003], cert denied 540 US 1017 [2003]). Present—Whalen, P.J., Lindley, Ogden and Nowak, JJ..