Opinion
No. CA 07-02495.
February 6, 2009.
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Wyoming County (John M. Curran, J.), entered October 24, 2007 in a proceeding pursuant to CPLR article 78. The judgment, among other things, dismissed the petition.
LAW OFFICE OF ARTHUR J. GIACALONE, EAST AURORA (ARTHUR J. GIACALONE OF COUNSEL), FOR PETITIONERS-APPELLANTS.
HODGSON RUSS LLP, BUFFALO (DANIEL A. SPITZER OF COUNSEL), AND DIFILIPPO FLAHERTY, EAST AURORA, FOR RESPONDENTS-RESPONDENTS.
Present: Hurlbutt, J.P., Martoche, Smith, Centra and Peradotto, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons states in the decision at Supreme Court ( Friedhaber v Town Bd. of Town of Sheldon, 16 Misc 3d 1140 [A], 2007 NY Slip Op 51772[U]).
[ See 16 Misc 3d 1140 (A), 2007 NY Slip Op 51772(U).]