Clear Skies Over Orangeville v Town Bd. of Town of Orangeville (2011 NY Slip Op 02216)

Clear Skies Over Orangeville v Town Bd. of Town of Orangeville

2011 NY Slip Op 02216 [82 AD3d 1644]

March 25, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 11, 2011

Clear Skies Over Orangeville, Appellant,
v
Town Board of Town of Orangeville et al., Respondents. Stoney Creek Energy LLC, Intervenor-Respondent-Respondent.

—[*1] Law Office of Gary A. Abraham, Allegany (Gary A. Abraham of counsel), for petitioner-appellant.

Law Office of David M. Dimatteo, Warsaw (David M. Dimatteo of counsel), for respondents-respondents.

Hodgson Russ LLP, Buffalo (Daniel A. Spitzer of counsel), for Intervenor-Respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Patrick H. NeMoyer, J.), entered April 21, 2010. The judgment dismissed the petition and complaint, insofar as it seeks relief pursuant to CPLR article 78, and declared that municipal respondents did not act unlawfully in enacting Local Law No. 2 (2009) of the Town of Orangeville.

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—Scudder, P.J., Centra, Carni, Sconiers and Green, JJ.