Opinion
September 27, 1972
Appeal from the Erie Special Term.
Present — Goldman, P.J., Del Vecchio, Moule and Cardamone, JJ.
Judgment unanimously affirmed, with costs. Memorandum: The reclassification of petitioner's property from B-3 to R-5 was discriminatory and not in accordance with a comprehensive plan as required by section 263 Town of the Town Law. (See Udell v. Haas, 21 N.Y.2d 463.)