GERNATT ASPHALT v. SARDINIA


208 A.D.2d 139 (1995)

In the Matter of Gernatt Asphalt Products, Inc., Appellant, v. Town of Sardinia et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 3, 1995


Attorney(s) appearing for the Case

Devorsetz, Stinziano, Gilberti, Heintz & Smith, P. C., Syracuse (Laurel J. Eveleigh, William J. Gilberti and Patricia A. Serventi; and Hancock & Estabrook, Syracuse [Stewart F. Hancock, Jr.], of counsel), for appellant.

David J. Seeger, Buffalo (DiFilippo, Bennett & Dauman, East Aurora [Anthony DiFilippo, III], attorneys), for respondents.

GREEN, J. P., BALIO, CALLAHAN and BOEHM, JJ., concur.


FALLON, J.

Petitioner, Gernatt Asphalt Products, Inc. (Gernatt), appeals from a judgment of Supreme Court that converted its CPLR article 78 proceeding seeking to annul amendments to the Town of Sardinia Zoning Ordinance to an action for declaratory judgment and declared that the aforesaid amendments had been validly and constitutionally enacted.

Gernatt contends on appeal that respondents (Town) improperly...

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