Legal Opinion

Peck v. Town Board of Town of Amherst

Appellate Division of the Supreme Court of the State of New York

Decided March 23, 2012Published

1Opinion of the Court

*1327Appeal from a judgment (denominated decision and order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), dated May 24, 2010 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment dismissed the petition/complaint.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner-plaintiff (petitioner) commenced this hybrid CPLR article 78 proceeding and declaratory judgment action seeking, inter alia, to annul the determination of respondent-defendant Town Board of Town of Amherst (Board) to terminate his…

2Cases cited5 opinions

  1. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  2. MATTER OF HOSLEY v. CurryNew York Court of Appeals · 1995
  3. Johnson v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 2010
  4. Baker v. Town of Mt. PleasantAppellate Division of the Supreme Court of the State of New York · 1983
  5. Snyder Development Co. v. Town of Amherst Town BoardAppellate Division of the Supreme Court of the State of New York · 2003

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