| Matter of City of Jamestown v Town Council of Town of Ellicott |
| 2022 NY Slip Op 00537 [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. 3.) |
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 a second amended judgment (denominated second amended decision and order) of the Supreme Court, Chautauqua County (Lynn W. Keane, J.), entered November 24, 2020, in a proceeding pursuant to CPLR article 78. The second amended judgment, inter alia, granted the petition and determined that the subject annexation petition is legally compliant.
It is hereby ordered that the second amended judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2020 NY Slip Op 34760[U] [Sup Ct, Chautauqua County 2020]). Present—Whalen, P.J., NeMoyer, Curran, Winslow and Bannister, JJ.