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MATTER OF SACK v. CITY OF BUFFALO COMMON COUNCIL

83 CA 21-00120.

204 A.D.3d 1399 (2022)

167 N.Y.S.3d 673

2022 NY Slip Op 02658

In the Matter of Daniel R. Sack, Respondent, v. City of Buffalo Common Council et al., Appellants.

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

Decided April 22, 2022.

Attorney(s) appearing for the Case

TIMOTHY A. BALL, CORPORATION COUNSEL, BUFFALO (CARIN S. GORDON OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT CITY OF BUFFALO COMMON COUNCIL.

LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO (JAMES P. BLENK OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT TM MONTANTE DEVELOPMENT LLC.

ARTHUR J. GIACALONE, BUFFALO, FOR PLAINTIFF-PETITIONER-RESPONDENT.

Present—Smith, J.P., Lindley, NeMoyer, Curran and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motions are granted and the petition-complaint is dismissed.

Memorandum: Plaintiff/petitioner (plaintiff) commenced this hybrid CPLR article 78 proceeding and declaratory judgment action seeking, inter alia, a declaration that defendant/respondent City of Buffalo Common Council's designation of a certain Urban Development Action Area was illegal. Defendants...

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