SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 31, 2008
ELLIOT LASKY AND CL & F DEVELOPMENT, LLC, PLAINTIFFS-PETITIONERS-RESPONDENTS,
TOWN BOARD OF TOWN OF AMHERST, DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 1.)
Appeal from a judgment of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered July 12, 2007 in a declaratory judgment action/ CPLR article 78 proceeding. The judgment annulled Local Law No. 9-2006 of the Town of Amherst.
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: SMITH, J.P., CENTRA, LUNN, FAHEY, AND GREEN, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same Memorandum as in Lasky v Town Bd. of Town of Amherst ([appeal No. 2] ___ AD3d ___ [Dec. 31, 2008]).
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