
    In the Matter of Michael J. Mimassi, Appellant, v Town of Whitestown Zoning Board of Appeals, Respondent.
    (Appeal No. 2.)
    [961 NYS2d 354]
   Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered July 19, 2012 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously vacated without costs.

Same memorandum as in Matter of Mimassi v Town of Whitestown Zoning Bd. of Appeals (104 AD3d 1280 [2013]). Present — Scudder, P.J., Centra, Lindley, Sconiers and Martoche, JJ.  