Cimato & Sons v Town of Amherst
2008 NY Slip Op 05219 [52 AD3d 1268] [52 AD3d 1268]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Cimato & Sons et al., Appellants, v Town of Amherst et al., Respondents.

—[*1] Damon & Morey LLP, Buffalo (Amy Archer Flaherty of counsel), for plaintiffs-petitioners-appellants.

E. Thomas Jones, Town Attorney, Williamsville (J. Matthew Plunkett of counsel), for defendants-respondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Timothy J. Drury, A.J.), entered May 30, 2007 in a declaratory judgment action and CPLR article 78 proceeding. The judgment dismissed the CPLR article 78 petition and granted declaratory relief in favor of defendants-respondents.

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