| Matter of City of Jamestown v Town Council of Town of Ellicott |
| 2022 NY Slip Op 00536 [201 AD3d 1301] |
| January 28, 2022 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of City of Jamestown,
Respondent, v Town Council of Town of Ellicott et al., Appellants. (Appeal No. 2.) |
Harris Beach PLLC, Buffalo (Allison B. Fiut of counsel), for respondents-appellants.
Bond, Schoeneck & King, PLLC, Syracuse (Stephanie M. Campbell of counsel), for petitioner-respondent.
Appeal from an amended judgment (denominated amended decision and order) of the Supreme Court, Chautauqua County (Lynn W. Keane, J.), entered November 17, 2020, in a proceeding pursuant to CPLR article 78. The amended judgment, inter alia, granted the petition and determined that the subject annexation petition is legally compliant.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051, 1051 [4th Dept 1990]). Present—Whalen, P.J., NeMoyer, Curran, Winslow and Bannister, JJ.