Appellate Division of the Supreme Court of the State of New York October 19, 2000 (Citizens Against Illegal Zoning v. Zoning Board of Appeals)

Graffeo, J.

Appeal from a judgment of the Supreme Court (Torraca, J.), entered July 6, 1999 in Ulster County, which, inter alia, dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Zon*898ing Board of Appeals of the Town of Rochester granting respondent Richard Smith a building permit to erect a garage on his property.