SCHACHTLER STONE PRODUCTS LLC SCHACHTLER FAMILY TRUST ERIC SCHACHTLER AND PJK PROPERTIES LLC PLAINTIFFS PETITIONERS RESPONDENTS v. TOWN OF MARSHALL TOWN BOARD OF TOWN OF MARSHALL ZONING BOARD OF APPEALS OF TOWN OF MARSHALL AND CODE ENFORCEMENT OFFICER DANIEL FORD DEFENDANTS RESPONDENTS APPELLANTS APPEAL NO (2022)

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

SCHACHTLER STONE PRODUCTS, LLC, SCHACHTLER FAMILY TRUST, ERIC T. SCHACHTLER, AND PJK PROPERTIES, LLC, PLAINTIFFS-PETITIONERS-RESPONDENTS, v. TOWN OF MARSHALL, TOWN BOARD OF TOWN OF MARSHALL, ZONING BOARD OF APPEALS OF TOWN OF MARSHALL, AND CODE ENFORCEMENT OFFICER DANIEL J. FORD, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 3.)

752 Decided: October 07, 2022

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND NEMOYER, JJ.

ROSSI & ROSSI, NEW YORK MILLS (VINCENT J. ROSSI, JR., OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS. BROWN, DUKE & FOGEL, P.C., SYRACUSE (MICHAEL A. FOGEL OF COUNSEL), FOR PLAINTIFFS-PETITIONERS-RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Same memorandum as in Schachtler Stone Prods., LLC v Town of Marshall ([appeal No. 1] — AD3d — [Oct. 7, 2022] [4th Dept 2022]).

Entered: October 7, 2022

Ann Dillon Flynn

Clerk of the Court

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