McGrath v. Town of Amherst Zoning Board of Appeals

*1523Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Timothy J. Drury, J.), entered December 23, 2010 in a proceeding pursuant to CPLR article 78. The judgment invalidated a determination of respondent and directed that petitioners no longer be denied a building permit.

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

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul the determination of respondent, Town of Amherst Zoning Board of Appeals (ZBA), denying their request for a building permit for…