Town of Amherst v Rockingham Estates, LLC
2008 NY Slip Op 09240 [56 AD3d 1300]
November 21, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Town of Amherst, Appellant, v Rockingham Estates, LLC, Respondent, et al., Defendants. (Appeal No. 3.)

—[*1] E. Thomas Jones, Town Attorney, Williamsville (J. Matthew Plunkett of counsel), for plaintiff-appellant.

Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (Hugh C. Carlin of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered February 6, 2008. The order, inter alia, directed plaintiff to amend the summons and complaint to add all necessary parties.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is denied in its entirety.

Same memorandum as in Town of Amherst v Rockingham Estates, LLC (56 AD3d 1298 [2008]). Present—Centra, J.P., Fahey, Peradotto, Green and Gorski, JJ.