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MATTER OF CUSTOM TOPSOIL, INC. v. CITY OF BUFFALO

63 A.D.3d 1511 (2009)

879 N.Y.S.2d 854

In the Matter of CUSTOM TOPSOIL, INC., et al., Respondents, v. CITY OF BUFFALO et al., Appellants. (Appeal No. 2)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 5, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the petition is dismissed.

Memorandum: Petitioners/plaintiffs (petitioners) commenced this hybrid CPLR article 78 proceeding and declaratory judgment action seeking, inter alia, to annul a "Stop All Work Order" issued by respondents/defendants (respondents) in May 2007. Respondents previously issued a letter in August 2006 determining that...

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