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MATTER OF SCHNEIDER v. TOWN OF EVANS

789.1 CA 23-00411.

221 A.D.3d 1532 (2023)

198 N.Y.S.3d 450

2023 NY Slip Op 05870

In the Matter of Edward Schneider, III, Appellant, v. Town of Evans, Respondent.

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

Decided November 17, 2023.

Attorney(s) appearing for the Case

GUERCIO & GUERCIO, LLP, FARMINGDALE ( CORY HALL MORRIS OF COUNSEL), FOR PETITIONER-APPELLANT.

BENNETT, DIFILIPPO, KURTZHALTS, WHITTEMORE & SEIBOLD, LLP, EAST AURORA ( MAURA C. SEIBOLD OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present—Smith, J.P., Lindley, Montour, Greenwood and DelConte, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered February 27, 2023, in a proceeding pursuant to CPLR article 78. The judgment denied and dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated at...

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