Matter of Potter v Town Bd. of Town of Aurora
2009 NY Slip Op 02053 [60 AD3d 1335]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


In the Matter of Margaret M. Potter et al., Appellants, v Town Board of Town of Aurora et al., Respondents. (Appeal No. 2.).

—[*1] Arthur J. Giacalone, East Aurora, for petitioners/plaintiffs- appellants.

Bennett, DiFilippo & Kurtzhalts, LLP, Holland (Ronald P. Bennett of counsel), for respondent/defendant-respondent Town Board of Town of Aurora.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered September 16, 2008 in a proceeding pursuant to CPLR article 78. The judgment, among other things, dismissed the petition/complaint.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Potter v Town Bd. of Town of Aurora (60 AD3d 1333 [2009]). Present—Smith, J.P., Centra, Fahey, Green and Pine, JJ.