Dietrich v. Planning Board

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered December 4, 2012 in a proceeding pursuant to CPLR article 78. The judgment, among other things, vacated and annulled the determination of respondent Planning Board of the Town of West Seneca, which denied petitioner’s site plan request.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: In this proceeding pursuant to CPLR article 78, respondents appeal from a judgment that, inter aha,…