Matter of CARS (Citizens Against Retail Sprawl) v Giza
2004 NY Slip Op 02067 [5 AD3d 1109]
March 19, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 26, 2004


In the Matter of CARS (Citizens Against Retail Sprawl), by George Ciancio, its President, et al., Appellants, v Robert Giza, as Supervisor of Town of Lancaster, et al., Respondents.

—Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered August 7, 2003 in a proceeding pursuant to CPLR article 78. The judgment granted respondents' motion to dismiss the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated in decision at Supreme Court. Present—Pigott, Jr., P.J., Hurlbutt, Scudder, Gorski and Hayes, JJ.