Jones v. Town of Carroll

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered May 17, 2013. The judgment, inter alia, granted plaintiffs’ motion to renew their motion for summary judgment.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the motion and vacating the declaration and as modified the judgment is affirmed without costs and the matter is remitted to Supreme *1235Court, Chautauqua County, for further proceedings in accordance with the following memorandum: As we noted when the parties…