Main Seneca Corp. v. Town of Amherst Industrial Development Agency

—Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: At the outset, we note that petitioners appeal from an order that was subsumed in a subsequent judgment. In our discretion, we treat the appeal as taken from the judgment *931(see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988).

Petitioners commenced this CPLR article 78 proceeding alleging, inter alia, that two separate determinations of respondent Town of Amherst Industrial Development Agency…