Appellate Division of the Supreme Court of the State of New York March 23, 2012 (Peck v. Town Board of Town of Amherst)

*1327Appeal from a judgment (denominated decision and order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), dated May 24, 2010 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment dismissed the petition/complaint.

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