Gerry Homes v. Town of Ellicott

Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Chautauqua County (Paul Wojtaszek, J.), entered June 11, 2015 in proceedings pursuant to CPLR article 78 and RPTL article 7. The judgment granted in part and denied in part the respective motions of the parties for summary judgment.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying petitioner’s motion in its entirety and as modified the judgment is affirmed without costs.

Memorandum: Petitioner is a not-for-profit corporation that operates numerous facilities for…