IN RE: STATE UNIVERSITY OF NEW YORK

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

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.)

CA 10-01004

Decided: February 18, 2011

PRESENT:  MARTOCHE, J.P., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ. HODGSON RUSS LLP, BUFFALO (BENJAMIN M. ZUFFRANIERI, JR., OF COUNSEL), FOR PETITIONER/PLAINTIFF-APPELLANT-RESPONDENT. E. THOMAS JONES, TOWN ATTORNEY, WILLIAMSVILLE (ALAN P. MCCRACKEN OF COUNSEL), FOR RESPONDENTS/DEFENDANTS-RESPONDENTS 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 AND THOMAS KETCHUM, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF TOWN OF AMHERST BUILDING DEPARTMENT. LAW OFFICES OF EUGENE C. TENNEY, BUFFALO (EUGENE C. TENNEY OF COUNSEL), FOR RESPONDENT/DEFENDANT-RESPONDENT-APPELLANT. HOPKINS & SORGI, PLLC, WILLIAMSVILLE (SEAN W. HOPKINS OF COUNSEL), FOR RESPONDENTS/DEFENDANTS-RESPONDENTS 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 AND DANIEL P. HULL.

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