Opinion
No. CA 08-01967.
March 20, 2009.
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered September 16, 2008 in a proceeding pursuant to CPLR article 78. The judgment, among other things, dismissed the petition/complaint.
ARTHUR J. GIACALONE, EAST AURORA, FOR PETITIONERS/Plaintiff's-APPELLANTS.
BENNETT, DIFILIPPO KURTZHALTS, LLP, HOLLAND (RONALD P. BENNETT OF COUNSEL), FOR RESPONDENT/DEFENDANT-RESPONDENT TOWN BOARD OF TOWN OF AURORA.
Before: Smith, J.P., Centra, Fahey, Green and Pine, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Same memorandum as in Matter of Potter v Town Bd. of Town of Aurora ( 60 AD3d 1333).