Opinion
No. CA 10-01407.
February 18, 2011.
Appeal and cross appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered June 9, 2010 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment granted the motions of respondents/defendants to dismiss the petition/complaint.
HODGSON RUSS LLP, BUFFALO (BENJAMIN M. ZUFFRANIERI, JR., OF COUNSEL), FOR PETITIONER/PLAINTIFF-APPELLANT-RESPONDENT.
E. THOMAS JONES, TOWN ATTORNEY, WILLIAMSVILLE (ALAN P. McCRACKEN OF COUNSEL), FOR RESPONDENTS/DEFENDANTS-RESPONDENTS TOWN OF AMHERST, SATISH MOHAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR OF TOWN OF AMHERST, TOWN BOARD OF TOWN OF AMHERST, ZONING BOARD OF APPEALS OF TOWN OF AMHERST AND THOMAS KETCHUM, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF TOWN OF AMHERST BUILDING DEPARTMENT.
LAW OFFICES OF EUGENE C. TENNEY, BUFFALO (EUGENE C. TENNEY OF COUNSEL), FOR RESPONDENT/DEFENDANT-RESPONDENT-APPELLANT.
HOPKINS SORGI, PLLC, WILLIAMSVILLE (SEAN W. HOPKINS OF COUNSEL), FOR RESPONDENTS/DEFENDANTS-RESPONDENTS GMH COMMUNITIES, LP, COLLEGE PARK INVESTMENTS, LLC, DAVID LADE, NANCY LADE, WILLIAM S. SCHLEGEL, JOSE OLIVERA, MICHELE OLIVERA, LESTER C. BUSDIECKER, MATTHEW MAROTTA, PAMELA MAROTTA, MARK R. KELLAM, PAUL CUMMINS, PAMELA CUMMINS, ETTORE INFANTI, MARTIN KEITZ, KIMBERLY MAST, JEFFREY BROOKS, BARBARA BROOKS AND DANIEL P. HULL.
Present — Martoche, J.P., Fahey, Carni, Lindley and Sconiers, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Same memorandum as in Matter of State Univ. of N.Y. v Town of Amherst ( 81 AD3d 1476).