SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 21, 2008
TOWN OF AMHERST, PLAINTIFF-APPELLANT,
ROCKINGHAM ESTATES, LLC, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered November 5, 2007. The order cancelled and vacated the notice of pendency filed by plaintiff.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Same Memorandum as in Town of Amherst v Rockingham Estates, LLC ([appeal No. 1] ___ AD3d ___ [Nov. 21, 2008]).
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