Appellate Division of the Supreme Court of the State of New York May 14, 2009 (Granger Group v. Zoning Board of Appeals)

Kavanagh, J.

Appeal from a judgment of the Supreme Court (Hummel, J.), entered May 5, 2008 in Columbia County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondent Alan Wilzig’s motion to dismiss the petition/complaint.