Appellate Division of the Supreme Court of the State of New York May 3, 2002 (Anderson v. Town of Clarence)

—Appeal from a judgment (denominated order) of Supreme Court, Erie County (Mintz, J.), entered January 30, 2001, which dismissed the CPLR article 78 petition after a nonjury trial

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is granted.