Matter of Laidlaw Energy & Envtl., Inc. v Town of Ellicottville
2010 NY Slip Op 06936 [77 AD3d 1386]
October 1, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


In the Matter of Laidlaw Energy and Environmental, Inc., Appellant, v Town of Ellicottville et al., Respondents.

—[*1] Jonathan Robert Nelson, P.C., New York City (Jonathan R. Nelson of counsel), for petitioner-appellant.

Hodgson Russ LLP, Buffalo (Daniel A. Spitzer of counsel), for respondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered July 23, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied the petition seeking to annul the determination of 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—Martoche, J.P., Carni, Green, Pine and Gorski, JJ.