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Laidlaw Energy and Environmental, Inc. v. Town of Ellicottville

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


October 1, 2010

IN THE MATTER OF LAIDLAW ENERGY AND ENVIRONMENTAL, INC., PETITIONER-APPELLANT,
v.
TOWN OF ELLICOTTVILLE, TOWN OF ELLICOTTVILLE ZONING BOARD OF APPEALS, JOHN E. KRAMER, IN HIS CAPACITY AS CHAIR OF TOWN OF ELLICOTTVILLE ZONING BOARD OF APPEALS, CYNTHIA DAYTON, IN HER CAPACITY AS CO-CHAIR OF TOWN OF ELLICOTTVILLE ZONING BOARD OF APPEALS, ALAN ADAMS, JOHN E. CADY, AND NORMAN WINKLER, IN THEIR RESPECTIVE CAPACITIES AS MEMBERS OF TOWN OF ELLICOTTVILLE ZONING BOARD OF APPEALS, RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered July 23, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied the petition seeking to annul the determination of respondents.

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: MARTOCHE, J.P., CARNI, GREEN, PINE, AND GORSKI, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

20101001

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