Lasky v Town Bd. of Town of Amherst
2008 NY Slip Op 10271 [57 AD3d 1390]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


Elliot Lasky et al., Respondents, v Town Board of Town of Amherst, Appellant. (Appeal No. 1.)

—[*1] E. Thomas Jones, Town Attorney, Williamsville (Alan P. McCracken of counsel), for defendant-respondent-appellant.

Appeal from a judgment of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered July 12, 2007 in a declaratory judgment action/CPLR article 78 proceeding. The judgment annulled Local Law No. 9-2006 of the Town of Amherst.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Lasky v Town Bd. of Town of Amherst (57 AD3d 1392 [2008]). Present—Smith, J.P., Centra, Lunn, Fahey and Green, JJ.