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MTR. OF BUFFALO v. DEC

184 Misc.2d 243 (2000)

707 N.Y.S.2d 606

In the Matter of CITY OF BUFFALO, Petitioner, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents. In the Matter of BUFFALO OLMSTED PARKS CONSERVANCY, INC., et al., Petitioners, v. BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY et al., Respondents.

Supreme Court, Erie County.

April 7, 2000.

Attorney(s) appearing for the Case

Michael B. Risman, Corporation Counsel (Richard E. Stanton and Jennifer C. Persico of counsel), for City of Buffalo, petitioner.

Zdarsky, Sawicki & Agostinelli (Guy J. Agostinelli and Gerald T. Walsh of counsel), for Buffalo Olmsted Parks Conservancy, Inc., and others, petitioners.

Eliot Spitzer, Attorney General (Lee Zimmerman and Timothy Hoffman of counsel), for New York State Department of Environmental Conservation, respondent.

Saperston & Day, P. C. (Frank T. Gaglione and Eileen P. Kennedy of counsel), Kavinoky & Cook, L. L. P. (Randolph C. Oppenheimer and Arnold B. Gardner of counsel), and Lippes, Silverstein, Mathias & Wexler, L. L. P. (Deborah J. Chadsey and Sharon M. Porcellio of counsel), for Buffalo and Fort Erie Public Bridge Authority, respondent.

OPINION OF THE COURT

EUGENE M. FAHEY, J.

In these combined CPLR article 78 proceedings, petitioner City of Buffalo (hereinafter Petitioner City), petitioner Buffalo Olmsted Parks Conservancy, Inc. (hereinafter Petitioner Olmsted), and petitioners Episcopal Church Home of Western New York, Episcopal Residential Health Care Facility, Inc. and Episcopal Community Housing, Inc. (hereinafter Petitioners Episcopal Home) all challenge certain actions of the respondent...

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