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MATTER OF BIHARY v. ZONING BOARD OF APPEALS OF CITY OF BUFFALO

172 CA 21-01075.

206 A.D.3d 1575 (2022)

170 N.Y.S.3d 420

2022 NY Slip Op 03594

In the Matter of Christopher Bihary et al., Appellants, v. Zoning Board of Appeals of City of Buffalo et al., Respondents, and Wendy E. Zimmer et al., Intervenors-Respondents-Defendants-Respondents.

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (MARC A. ROMANOWSKI OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS.

TIMOTHY A. BALL, CORPORATION COUNSEL, BUFFALO (CARIN S. GORDON OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS.

BARCLAY DAMON LLP, BUFFALO (COREY A. AUERBACH OF COUNSEL), FOR INTERVENORS-RESPONDENTS-DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Centra, Lindley, 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 denied, the petition-complaint is reinstated, and respondents-defendants and intervenors-respondents-defendants are granted 20 days from service of the order of this Court with notice of entry to serve and file an answer, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Petitioners...

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