Zionts v. Town of Amherst

Appeal from a judgment of Supreme Court, Erie County (Cosgrove, J.), entered November 14, 2002, which granted the CPLR article 78 petition, annulled the determination of the Town of Amherst Town Board and ordered the Town of Amherst Town Board to rezone certain real property.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Respondent, Town of Amherst (Town), appeals from a judgment granting the CPLR article 78 petition, annulling the determination of the Town of Amherst…