IN RE: STATE UNIVERSITY OF NEW YORK, PETITIONER/ PLAINTIFF-APPELLANT -RESPONDENT, v. TOWN OF AMHERST, SATISH MOHAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR OF TOWN OF AMHERST, TOWN BOARD OF TOWN OF AMHERST, ZONING BOARD OF APPEALS OF TOWN OF AMHERST, GMH COMMUNITIES, LP, COLLEGE PARK INVESTMENTS, LLC, DAVID LADE, NANCY LADE, WILLIAM S. SCHLEGEL, JOSE OLIVERA, MICHELE OLIVERA, LESTER C. BUSDIECKER, MATTHEW MAROTTA, PAMELA MAROTTA, MARK R. KELLAM, PAUL CUMMINS, PAMELA CUMMINS, ETTORE INFANTI, MARTIN KEITZ, KIMBERLY MAST, JEFFREY BROOKS, BARBARA BROOKS, DANIEL P. HULL, THOMAS KETCHUM, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF TOWN OF AMHERST BUILDING DEPARTMENT, RESPONDENTS/ DEFENDANTS-RESPONDENTS, AND EUGENE TENNEY, RESPONDENT/ DEFENDANT-RESPONDENT - APPELLANT. (APPEAL NO. 1.)
MEMORANDUM AND ORDER
Appeal and cross appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Gerald J. Whelan, J.), entered January 12, 2010 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment granted the motions of respondents/defendants to dismiss the petition/complaint.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Finally, we reject the contention of respondent/defendant Eugene Tenney in each cross appeal that the court erred in denying his request for attorney's fees.
Patricia L. Morgan
Clerk of the Court