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. 3.)
Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered February 6, 2008. The order, inter alia, directed plaintiff to amend the summons and complaint to add all necessary parties.
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 reversed on the law without costs and the motion is denied in its entirety.
Same Memorandum as in Town of Amherst v Rockingham Estates, LLC ([appeal No. 1] ___ AD3d ___ [Nov. 21, 2008]).
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