Matter of Manitou Sand & Gravel Co., Inc. v Town of Ogden
2007 NY Slip Op 07212 [43 AD3d 1405]
September 28, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


In the Matter of Manitou Sand & Gravel Co., Inc., Appellant, et al., Petitioner, v Town of Ogden et al., Respondents.

—[*1] Andrews, Pusateri, Brandt, Shoemaker & Roberson, P.C., Lockport (Robert S. Roberson of counsel), for petitioner-appellant.

Keith O'Toole, Spencerport, for respondents-respondents.

Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered September 12, 2006 in a proceeding pursuant to CPLR article 78. The judgment dismissed the amended petition.

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