Matter of Friedhaber v Town Bd. of Town of Sheldon
2009 NY Slip Op 00863 [59 AD3d 1006]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


In the Matter of Kenneth Friedhaber, Petitioner, and Elizabeth Wagner et al., Appellants, v Town Board of Town of Sheldon, et al., Respondents.

—[*1] Law Office of Arthur J. Giacalone, East Aurora (Arthur J. Giacalone of counsel), for petitioners-appellants.

Hodgson Russ LLP, Buffalo (Daniel A. Spitzer of counsel) and Difilippo & Flaherty, East Aurora, for respondents-respondents.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Wyoming County (John M. Curran, J.), entered October 24, 2007 in a proceeding pursuant to CPLR article 78. The judgment, among other things, dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (Friedhaber v Town Bd. of Town of Sheldon, 16 Misc 3d 1140[A], 2007 NY Slip Op 51772[U] [2007]). Present—Hurlbutt, J.P., Martoche, Smith, Centra and Peradotto, JJ. [See 16 Misc 3d 1140(A), 2007 NY Slip Op 51772(U).]