Opinion
CA 02-02090
May 2, 2003.
Appeal from a judgment (denominated order) of Supreme Court, Erie County (Dillon, J.), entered May 16, 2002, which dismissed the CPLR article 78 petition seeking to annul a determination of respondents Town of Amherst and Town Board of Town of Amherst to rezone certain property.
HARRIS BEACH LLP, HAMBURG (ALICE J. KRYZAN OF COUNSEL), FOR PETITIONERS-APPELLANTS.
E. THOMAS JONES, TOWN ATTORNEY, WILLIAMSVILLE (ALAN P. McCRACKEN OF COUNSEL), FOR RESPONDENTS-RESPONDENTS TOWN OF AMHERST AND TOWN BOARD OF TOWN OF AMHERST.
LAW OFFICE OF JEFFREY D. PALUMBO, P.C., AMHERST (SEAN W. HOPKINS OF COUNSEL), FOR RESPONDENTS-RESPONDENTS MICHAEL A. PELLEGRINO AND CONSTANCE J. PELLEGRINO.
PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, BURNS, AND HAYES, JJ.
ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court, Erie County, Dillon, J.