| Matter of Batavia First v Town of Batavia |
| 2006 NY Slip Op 03421 [28 AD3d 1257] |
| April 28, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, June 21, 2006 |
| In the Matter of Batavia First, an Unincorporated Association by Jo Wilkes, Individually and as its President, et al., Respondents-Appellants, v Town of Batavia et al., Appellants-Respondents. |
—[*1]Motion for reargument or, in the alternative, leave to appeal to the Court of Appeals denied. Present—Hurlbutt, J.P., Scudder, Gorski, Martoche and Smith, JJ.