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MATTER OF HUDSON v. TOWN OF ORCHARD PARK ZONING BD. OF APPEALS

1031 CA 21-01355.

218 A.D.3d 1380 (2023)

194 N.Y.S.3d 649

2023 NY Slip Op 04084

In the Matter of Timothy Michael Hudson et al., Appellants, v. Town of Orchard Park Zoning Board of Appeals et al., Respondents.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

HARDY MARBLE LLP, LOCKPORT (BRADLEY D. MARBLE OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS.

BARCLAY DAMON LLP, BUFFALO (COREY A. AUERBACH OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS TOWN OF ORCHARD PARK ZONING BOARD OF APPEALS AND TOWN OF ORCHARD PARK.

THE LAW OFFICES OF NICHOLAS L. ROSSI, ORCHARD PARK (NICHOLAS L. ROSSI OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS NICHOLAS ROSSI AND CHERYL ROSSI.

Present—Smith, J.P., Bannister, Montour and Ogden, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered September 21, 2021, in a proceeding pursuant to CPLR article 78 and action for injunctive relief and monetary damages. The judgment granted the motions of respondents/defendants to dismiss and dismissed the petition/complaint.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying in part the motion of respondents...

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