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MATTER OF STATE UNIVERSITY OF NEW YORK v. TOWN OF AMHERST

CA 10-01004.

81 A.D.3d 1476 (2011)

916 N.Y.S.2d 872

In the Matter of STATE UNIVERSITY OF NEW YORK, Appellant-Respondent, v. TOWN OF AMHERST et al., Respondents, and EUGENE TENNEY, Respondent-Appellant. (Appeal No. 1.)

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

Decided February 18, 2011.

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

Memorandum: Petitioner/plaintiff (petitioner) contends in each appeal that Supreme Court erred in granting the motions of respondents/defendants (respondents) to dismiss the hybrid CPLR article 78 proceeding/declaratory judgment action concerning rezoning. According to respondents, petitioner lacked the capacity and authority to sue inasmuch as petitioner's Board of Trustees...

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