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Potter v. Town Board of Town of Aurora

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 20, 2009

IN THE MATTER OF MARGARET M. POTTER, JOHN S. HUGHES, JOHN LYONS, NATALIE LYONS, PATRICK F. MCDONNELL, AND ARTHUR J. GIACALONE, PETITIONERS/PLAINTIFFS-APPELLANTS,
v.
TOWN BOARD OF TOWN OF AURORA, AND 300 GLEED AVENUE, LLC, RESPONDENTS/DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

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.

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, 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 ([appeal No. 1] ___ AD3d ___ [Mar. 20, 2009]).

20090320

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