Legal Opinion

Schiener v. Town of Sardinia

Appellate Division of the Supreme Court of the State of New York

Decided February 8, 2008PublishedCited by 3 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered January 26, 2007 in a declaratory judgment action. The order granted defendants’ motion to dismiss the amended complaint as barred by the statute of limitations.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the fifth cause of action and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking, inter alia, a declaration that the zoning ordinance adopted in 2005 (2005 Zoning…

2Cases cited4 opinions

  1. Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
  2. Voelckers v. GuelliNew York Court of Appeals · 1983
  3. Merced v. FisherNew York Court of Appeals · 1976
  4. Almor Associates v. Town of SkaneatelesAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by3 opinions

  1. Miranda Holdings, Inc. v. Town Bd. of Town of Orchard ParkAppellate Division of the Supreme Court of the State of New York · 2017
  2. ADM, LLC v. VILLAGE OF MACEDONAppellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Mimassi v. Zoning Bd. of Appeals of Vil. of N.Y. MillsAppellate Division of the Supreme Court of the State of New York · 2023

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