
    Town of Amherst, Appellant, v Rockingham Estates, LLC, Respondent, et al., Defendants. (Appeal No. 2.)
    [867 NYS2d 365]
   —Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered November 5, 2007. The order cancelled and vacated the notice of pendency filed by plaintiff.

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

Same memorandum as in Town of Amherst v Rockingham Estates, LLC (56 AD3d 1298 [2008]). Present — Centra, J.P., Fahey, Peradotto, Green and Gorski, JJ.  