BACK

STATE OF NEW YORK
SUPREME COURT : COUNTY OF CORTLAND

________________________________________________________________

JOSEPH J. HEATH,

Petitioner,NOTICE OF PETITION

-vs-
Index No.:
TOWN OF PREBLE ZONING BOARD
OF APPEALS,RJI No.:

Respondent.

________________________________________________________________

Upon the Verified Petition of Joseph J. Heath, Petitioner herein, verified on the 30th day of June, 2000; the June 30, 2000 Attorney's Affidavit of Joseph J. Heath, Esq., made in support of the Petition, Petitioner will move this court at a part thereof located at the Cortland County Courthouse, in the City of Cortland, on the 18th day of August, 2000, at 10:00 o'clock in the fore noon of that day, or as soon thereafter as counsel can be heard, for judgment pursuant to Article 78 of the New York Civil Practice Laws and Rules:
(1) Vacating and annulling the Town of Preble Zoning Board of Appeals Resolution, dated June 8, 2000, which approved a special permit application from Tully Recreation LLC, Song Mountain for a snow making well and storage pond, by denying the January 31, 2000 Appeal by Mr. Heath to the ZBA, which sought a review of the January 24, 2000 decision of the Town Code Enforcement Officer;
(2) Vacating and annulling the interpretation of the Town of Preble Code Enforcement Officer, dated January 24, 2000; and
(3) For such other and further relief as to the Court may seem just, equitable and proper; all together with the costs and disbursements of this action.

A verified Answer and supporting affidavits, if any, must be served at least seven (7) days before the return date of this proceeding. Pursuant to CPLR 7804, you are directed to file with the Clerk of the Court and serve upon Petitioner your answer, and answering affidavits at least five (5) days before the return date herein.

Dated: Syracuse, New York
June 30, 2000
___________________________
JOSEPH J. HEATH, ESQ.
Petitioner
716 East Washington Street
Suite 104
Syracuse, New York 13210
(315) 475-2559

TO:Town of Preble Zoning Board of Appeals
Town Hall
Preble, New York 13041

Patrick. M. Snyder, Esq.
Special Counsel to ZBA
4 Church Street
Cortland, New York 13045
(607) 753-8050

  BACK