IN RE: AL ASPHALT CORPORATION AND CHEEKTOWAGA CONCRETE (2026)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: AL ASPHALT CORPORATION AND CHEEKTOWAGA CONCRETE, LLC, PETITIONERS-PLAINTIFFS-RESPONDENTS, v. TOWN OF HAMBURG, TOWN OF HAMBURG TOWN BOARD, RANDY HOAK, MEGAN COMERFORD, SHAWN CONNOLLY, ELIZABETH FARRELL LORENTZ AND KAREN HOAK, CONSTITUTING TOWN OF HAMBURG TOWN BOARD, TOWN OF HAMBURG PLANNING BOARD, WILLIAM CLARK, KAITLIN MCCORMICK, DENNIS CHAPMAN, CYNTHIA GRONACHAN, DAN SZEWC, MARGAUX VALENTI AND KAITLIN MCGEE-CHMURA, CONSTITUTING TOWN OF HAMBURG PLANNING BOARD, RESPONDENTS-DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

95 Decided: March 20, 2026

PRESENT: LINDLEY, J.P., CURRAN, OGDEN, GREENWOOD, AND HANNAH, JJ.

PHILLIPS LYTLE LLP, BUFFALO (CRAIG R. BUCKI OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS. LAW OFFICE OF RALPH C. LORIGO, WEST SENECA (FRANK J. JACOBSON OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of AL Asphalt Corp. v Town of Hamburg ([appeal No. 1] — AD3d — [Mar. 20, 2026] [4th Dept 2026]).

Entered: March 20, 2026

Ann Dillon Flynn

Clerk of the Court

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