MATTER OF ISKALO 5000 MAIN LLC v. TOWN OF AMHERST INDUS. DEV. AGENCY

NO. 1224-2, CA 16-01425

147 A.D.3d 1414 (2017)

47 N.Y.S.3d 546

2017 NY Slip Op 00868

In the Matter of ISKALO 5000 MAIN LLC et al., Respondents, v. TOWN OF AMHERST INDUSTRIAL DEVELOPMENT AGENCY, Appellant, and COUNTY OF ERIE, Intervenor-Respondent-Appellant. (Appeal No. 2.)

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

Decided February 3, 2017.


Appeals from a judgment (denominated order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered July 29, 2016 in a proceeding pursuant to CPLR article 78. The judgment reversed the determination of respondent denying the application of petitioners, granted the application of petitioners and denied the request of respondent for attorney's fees.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by dismissing...

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