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In the Matter of State University of New York, Petitioner/Plaintiff-Appellant-Respondent v. Town of Amherst

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


February 18, 2011

IN THE MATTER OF STATE UNIVERSITY OF NEW YORK, PETITIONER/PLAINTIFF-APPELLANT-RESPONDENT,
v.
TOWN OF AMHERST, SATISH MOHAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR OF
TOWN OF AMHERST, TOWN BOARD OF TOWN OF AMHERST, ZONING BOARD OF APPEALS OF TOWN OF AMHERST,
GMH COMMUNITIES, LP, COLLEGE PARK INVESTMENTS, LLC, DAVID LADE, NANCY LADE, WILLIAM S. SCHLEGEL,
JOSE OLIVERA, MICHELE OLIVERA, LESTER C. BUSDIECKER, MATTHEW MAROTTA, PAMELA MAROTTA,
MARK R. KELLAM, PAUL CUMMINS, PAMELA CUMMINS, ETTORE INFANTI, MARTIN KEITZ, KIMBERLY MAST,
JEFFREY BROOKS, BARBARA BROOKS, DANIEL P. HULL, THOMAS KETCHUM, IN HIS OFFICIAL CAPACITY
AS DIRECTOR OF TOWN OF AMHERST BUILDING DEPARTMENT, RESPONDENTS/DEFENDANTS-RESPONDENTS, AND EUGENE TENNEY, RESPONDENT/DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 2.)

Appeal and cross appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Gerald J. Whalan, J.), entered June 9, 2010 in a CPLR article 78 proceeding and a declaratory judgment action.

Matter of State Univ. of N.Y. v Town of Amherst

Appellate Division, Fourth Department 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. Decided on February 18, 2011

PRESENT: MARTOCHE, J.P., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.

The judgment granted the motions of respondents/defendants to dismiss the petition/complaint.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Same Memorandum as in Matter of State Univ. of N.Y. v Town of Amherst ([appeal No. 1] ___ AD3d ___ [Feb. 18, 2011]). Entered: February 18, 2011 Patricia L. Morgan Clerk of the Court

20110218

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