| Town of Sardinia v Gernatt Asphalt Prods., Inc. |
| 2004 NY Slip Op 08491 [12 AD3d 1150] |
| November 19, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Town of Sardinia et al., Respondents, v Gernatt Asphalt Products, Inc., Appellant. |
—[*1]Appeal from a judgment of the Supreme Court, Erie County (Barbara Howe, J.), entered January 2, 2004 after a nonjury trial. The judgment granted a permanent injunction prohibiting defendant from mining at a certain site.
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—Hurlbutt, J.P., Scudder, Kehoe, Gorski and Martoche, JJ.