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Lasky v. Town Board of Town of Amherst

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,
v.
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]).

20081231

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