Lenape Resources, Inc. v. Town of Avon

Appeal from an order and judgment (one paper) of the Supreme Court, Livingston County (Robert B. Wiggins, A.J.), entered March 20, 2013 in a CPLR article 78 proceeding and declaratory judgment action. The order and judgment, insofar as appealed from, granted the converted motion of respondents-defendants Town of Avon and Town of Avon Town Board for summary judgment and dismissed the petition/complaint as against them.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: In this combined CPLR article 78 proceeding/ declaratory judgment action,…