Matter of Modern Disposal, Inc. v Town of Cheektowaga

Matter of Modern Disposal, Inc. v Town of Cheektowaga 2016 NY Slip Op 07421 Decided on November 10, 2016 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 10, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CARNI, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.
724 CA 16-00041

[*1]IN THE MATTER OF MODERN DISPOSAL, INC., PETITIONER-APPELLANT,

v

TOWN OF CHEEKTOWAGA AND WASTE MANAGEMENT OF NEW YORK, LLC, RESPONDENTS-RESPONDENTS.

RICHARD A. PALUMBO, PITTSFORD, FOR PETITIONER-APPELLANT.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (KEVIN E. LOFTUS OF COUNSEL), FOR RESPONDENT-RESPONDENT TOWN OF CHEEKTOWAGA.

HARRIS BEACH PLLC, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR RESPONDENT-RESPONDENT WASTE MANAGEMENT OF NEW YORK, LLC.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered December 3, 2015 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

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

Entered: November 10, 2016

Frances E. Cafarell

Clerk of the Court