MATTER OF MAIN SENECA CORP. v. TOWN OF AMHERST INDUS. DEV. AGENCY


248 A.D.2d 930 (1998)

670 N.Y.S.2d 279

In the Matter of Main Seneca Corporation et al., Appellants, v. Town of Amherst Industrial Development Agency et al., Respondents. (Appeal No. 2.)

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

March 13, 1998


Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: At the outset, we note that petitioners appeal from an order that was subsumed in a subsequent judgment. In our discretion, we treat the appeal as taken from the judgment (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy

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