IN RE: ANN MARIE RIOLO-NICOL (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: ANN MARIE RIOLO-NICOL, AS TRUSTEE OF RIOLO IRREVOCABLE TRUST, ET AL., PETITIONERS, MARIA LEMMERMAN, JAMES LEMMERMAN, PAULA CAPOCCIA AND LEO CAPOCCIA, PETITIONERS-APPELLANTS, v. CITY OF ROME ZONING BOARD OF APPEALS, CITY OF ROME PLANNING BOARD, ROME CITY SCHOOL DISTRICT, ROME CITY SCHOOL DISTRICT BOARD OF EDUCATION, CDS LIFE TRANSITIONS, PASSERO ASSOCIATES, P.C., ET AL., RESPONDENTS-RESPONDENTS.

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Decided: February 02, 2024

PRESENT: WHALEN, P.J., LINDLEY, OGDEN, AND NOWAK, JJ.

MARIA LEMMERMAN, JAMES LEMMERMAN, PAULA CAPOCCIA AND LEO CAPOCCIA, PETITIONERS-APPELLANTS PRO SE. GERARD FEENEY, CORPORATION COUNSEL, ROME (ANGELA TWOMEY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS CITY OF ROME ZONING BOARD OF APPEALS, JOHN SORBELLO, IN HIS OFFICIAL CAPACITY AS CHAIRMAN, RAYMOND TUCKER, IN HIS OFFICIAL CAPACITY AS MEMBER, JOSEPH PASQUELTTI, IN HIS OFFICIAL CAPACITY AS MEMBER, JAMES DICASTRO, IN HIS OFFICIAL CAPACITY AS MEMBER, AND MICHAEL BOTTINI, IN HIS OFFICIAL CAPACITY AS MEMBER. FERRARA FIORENZA PC, EAST SYRACUSE (NICOLE MARLOW-JONES OF COUNSEL), FOR RESPONDENTS-RESPONDENTS ROME CITY SCHOOL DISTRICT AND ROME CITY SCHOOL DISTRICT BOARD OF EDUCATION.