| Matter of State Univ. of N.Y. v Town of Amherst |
| 2011 NY Slip Op 01223 [81 AD3d 1478] |
| February 18, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of State University of New York, Appellant-Respondent, v Town of Amherst et al., Respondents, and Eugene Tenney, Respondent-Appellant. (Appeal No. 3.) |
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E. Thomas Jones, Town Attorney, Williamsville (Alan P. McCracken of counsel), for
respondents/defendants-respondents Town of Amherst, Satish Mohan, Individually and in His Official
Capacity as Supervisor of Town of Amherst, Town Board of Town of Amherst, Zoning Board of
Appeals of Town of Amherst and Thomas Ketchum, in His Official Capacity as Director of Town of
Amherst Building Department.
Law Offices of Eugene C. Tenney, Buffalo (Eugene C. Tenney of counsel), for
respondent/defendant-respondent-appellant.
Hopkins & Sorgi, PLLC, Williamsville (Sean W. Hopkins of counsel), for
respondents/defendants-respondents GMH Communities, LP, College Park Investments, LLC, David
Lade, Nancy Lade, William S. Schlegel, Jose Olivera, Michele Olivera, Lester C. Busdiecker,
Matthew Marotta, Pamela Marotta, Mark R. Kellam, Paul Cummins, Pamela Cummins, Ettore Infanti,
Martin Keitz, Kimberly Mast, Jeffrey Brooks, Barbara Brooks and Daniel P. Hull.
Appeal and cross appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered June 9, 2010 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment granted the motions of respondents/defendants to dismiss the petition/complaint.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Same memorandum as in Matter of State Univ. of N.Y. v Town of Amherst (81 AD3d 1476 [2011]). Present—Martoche, J.P., Fahey, Carni, Lindley and Sconiers, JJ.