855 N.E.2d 1172, 822 N.Y.S.2d 757 Batavia First, Matter of, v. Town of Batavia. Court of Appeals of the State of New York. Decided September 12, 2006. Appeal from the 4th Dept: 26 AD3d 840. Motions For Leave To Appeal. Denied. Tagged: 822 N.Y.S.2d 757855 N.E.2d 1172