Laidlaw Energy & Environmental Inc. v. Town of Ellicottville

Appeal from an order (denominated order and judgment) of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered October 31, 2007 in a proceeding pursuant to CPLR article 78. The order denied respondents’ motion to dismiss the petition.

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

Memorandum: On appeal from an order denying their motion to dismiss the petition, respondents contend that petitioner did not properly commence this CPLR article 78 proceeding and thus that Supreme Court erred in denying the motion. We reject that contention.…