IN THE MATTER OF TOWN OF AMHERST TOWN BOARD AND AUTUMN CREEK APARTMENTS, LLC V TOWN OF AMHERST ZONING BOARD OF APPEALS
Motion No: CA 18-01111
Slip Opinion No: 2018 NY Slip Op 77082(U)
Decided on July 3, 2018
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


July 3, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CURRAN, JJ.

DOCKET NO. CA 18-01111

IN THE MATTER OF TOWN OF AMHERST TOWN BOARD AND AUTUMN

CREEK APARTMENTS, LLC, PETITIONERS-APPELLANTS,

V

TOWN OF AMHERST ZONING BOARD OF APPEALS, AUDREY LEISING,

ELAINE M. RONGE, JEFFERY D. PALUMBO, AND

BARCLAY DAMON, LLP, RESPONDENTS-RESPONDENTS.


Harter Secrest & Emmery LLP having moved, upon the return of an order to show cause granted by the Honorable John M. Curran on June 29, 2018, to withdraw as attorneys of record for the Town of Amherst Zoning Board of Appeals on the appeal taken herein from an order and judgment of Supreme Court entered in the Office of the Clerk of the County of Erie on December 22, 2017,

Now, upon reading and filing the affidavit of Edward F. Premo, II, Esq., sworn to June 5, 2018, and said show cause order with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted.

Entered: July 3, 2018

Mark W. Bennett, Clerk