February 18, 2011
IN THE MATTER OF STATE UNIVERSITY OF NEW YORK,
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. 3.)
Appeal and cross appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Gerald J. Whelan, J.), entered June 9, 2010 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment granted the motions of respondents/defendants to dismiss the petition/complaint.
Matter of State Univ. of N.Y.
Town of Amherst
Decided on February 18, 2011 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.
PRESENT: MARTOCHE, J.P., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.
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
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