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IN THE MATTER OF COLTON v. TOWN BD. OF TOWN OF AMHERST

658 CA 09-02348.

72 A.D.3d 1638 (2010)

699 N.Y.S.2d 498

In the Matter of JUDY COLTON, Individually and as President of Northwest Amherst Residents Association, Inc., et al., Appellants, v. TOWN BOARD OF TOWN OF AMHERST et al., Respondents, and CIMINELLI DEVELOPMENT COMPANY, INC., Respondent.

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

Decided April 30, 2010.

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

Memorandum: Petitioners commenced this proceeding pursuant to CPLR article 78 challenging respondents' actions with respect to the proposed development of vacant property in the Town of Amherst (Town). Supreme Court properly granted the motion of respondent Ciminelli Development Company, Inc. to dismiss the petition insofar as it is brought by petitioner Daniel Ward, individually...

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