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SCOTT v. CITY OF BUFFALO

2006-1189.

2008 NY Slip Op 51739 (U)

PASTOR KEITH H. SCOTT, Sr., DORA RICHARDSON, JOSEPHINE RUSH, JOHN and SHELLEY McKENDRY, CLAUDIA S. SCHULTZ, and JANE STEVENSON, Petitioners, v. CITY OF BUFFALO; COMMON COUNCIL OF THE CITY OF BUFFALO; BYRON BROWN, in his Official Capacity As Mayor of the CITY OF BUFFALO; CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS; DEPARTMENT OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTION; BUFFALO SEWER AUTHORITY; and BUFFALO WATER BOARD, Respondents.

Supreme Court of the State of New York, Erie County.

Decided June 27, 2008.

Attorney(s) appearing for the Case

KNOER, CRAWFORD & BENDER, LLP. Richard E. Stanton, Esq., of Counsel, Buffalo, New York, for Petitioners.

RICHARD LIPPES AND ASSOCIATES, Richard J. Lippes, Esq., of Counsel, Buffalo, New York, JACKSON & JACKSON, Michael Lee Jackson, Esq., of Counsel, Rachel E. Jackson, Esq., of Counsel, Buffalo, New York, Petitioners.

PHILLIPS LYTLE LLP, Adam S. Walters, Esq., of Counsel, Buffalo, New York, for Respondents.

JOSEPH G. MAKOWSKI, J.

The Present Motion

Petitioners have filed a motion objecting to the Certified Record (hereinafter referred to as the "Record") in this matter submitted by Respondents on August 3, 2007, arguing that it is incomplete. Petitioners move pursuant to CPLR §§ 7804(e), 408, 3101, 3104 and 3124 requesting that the Respondents each be directed to fully comply and produce a full and complete certified transcript of the Record of each...

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