Francis Development & Management Co. v. Town of Clarence

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (John A. Michalek, J), entered November 20, 2003 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the petition is granted in part and the matter is remitted to the Town Board of respondent Town of Clarence for further proceedings in accordance with the following memorandum: Supreme Court erred in denying that part of the petition seeking to annul the…