| Matter of Iskalo 5000 Main LLC v Town of Amherst Indus. Dev. Agency |
| 2017 NY Slip Op 00867 [147 AD3d 1413] |
| February 3, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Iskalo 5000 Main LLC et al., Respondents, v Town of Amherst Industrial Development Agency, Appellant, and County of Erie, Intervenor-Respondent. (Appeal No. 1.) |
Hurwitz & Fine, P.C., Buffalo (Andrea Schillaci of counsel), for respondent-appellant.
Hopkins, Sorgi & Romanowski PLLC, Williamsville (Sean W. Hopkins of counsel), for petitioners-respondents.
Michael A. Siragusa, County Attorney, Buffalo (Jeremy C. Toth of counsel), for Intervenor-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered June 30, 2016 in a proceeding pursuant to CPLR article 78. The judgment reversed the determination of respondent denying the application of petitioners, granted the application of petitioners and denied the request of respondent for attorney's fees.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Matter of Iskalo 5000 Main LLC v Town of Amherst Indus. Dev. Agency ([appeal No. 2] 147 AD3d 1414 [2017]). Present—Smith, J.P., Lindley, DeJoseph, NeMoyer and Troutman, JJ.