Matter of Haunted Forest, LLC v. Town of Wilson
This text of 2025 NY Slip Op 04362 (Matter of Haunted Forest, LLC v. Town of Wilson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Matter of Haunted Forest, LLC v Town of Wilson (2025 NY Slip Op 04362)
| Matter of Haunted Forest, LLC v Town of Wilson |
| 2025 NY Slip Op 04362 |
| Decided on July 25, 2025 |
| 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 July 25, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: LINDLEY, J.P., MONTOUR, GREENWOOD, NOWAK, AND KEANE, JJ.
501 CA 24-01568
v
TOWN OF WILSON AND TOWN OF WILSON ZONING BOARD, RESPONDENTS-DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)
PHILLIPS LYTLE LLP, BUFFALO (CRAIG R. BUCKI OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS.
LIPPES MATHIAS LLP, CLARENCE (JUSTIN J. ANDREOZZI OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-RESPONDENTS.
Appeal from an order of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered September 26, 2024, in a hybrid CPLR article 78 proceeding and action. The order denied the motion of respondents-defendants seeking, inter alia, leave to renew and leave to amend their answer.
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting the motion insofar as it sought leave to amend the answer to add the fifteenth objection in point of law for failure to timely serve a notice of claim and dismissing the fourth and tenth causes of action, and as modified the order is affirmed without costs.
Same memorandum as in Matter of Haunted Forest, LLC v Town of Wilson ([appeal No. 1] — AD3d — [July 25, 2025] [4th Dept 2025]).
Entered: July 25, 2025
Ann Dillon Flynn
Clerk of the Court
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
2025 NY Slip Op 04362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-haunted-forest-llc-v-town-of-wilson-nyappdiv-2025.