Appellate Division of the Supreme Court of the State of New York September 28, 2012 (Town of Amherst v. Rockingham Estates, LLC)

Appeal and cross appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered May 10, 2011. The order denied the motion of plaintiff for summary judgment and the cross motion of defendant Rockingham Estates, LLC for summary judgment.