Batavia First v. Town of Batavia

*841Appeals and cross appeal from a judgment of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered December 15, 2004 in a proceeding pursuant to CPLR article 78. The judgment, inter alia, granted the first amended petition in part and annulled the negative declaration, site plan approval, special use permits, and area variances issued by respondents Planning Board of Town of Batavia and Zoning Board of Appeals of Town of Batavia.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by dismissing the first amended…