Fleckenstein v. Town of Porter

*1189Appeal from a judgment (denominated order and judgment) of Supreme Court, Niagara County (Fricano, J.), entered August 1, 2002, which dismissed the CPLR article 78 petition.

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

Memorandum: Petitioners commenced this proceeding pursuant to CPLR article 78 to set aside and annul Local Law No. 3 (2001) of the Town of Porter that, inter alia, rezoned 75 acres of property owned by respondent CWM Chemical Services, LLC (CWM) (incorrectly named in the petition as Chemical Waste…