Appellate Division of the Supreme Court of the State of New York February 18, 2011, Appeal No. 3 (State University of New York v. Town of Amherst)

— Appeal and cross appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered June 9, 2010 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment granted the motions of respondents/defendants to dismiss the petition/complaint.