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MATTER OF WILLIAMSVILLE RESIDENTS OPPOSED TO BLOCHER REDEVELOPMENT, LLC v. VILLAGE OF WILLIAMSVILLE PLANNING AND ARCHITECTURAL REVIEW BOARD

634 CA 21-01052.

208 A.D.3d 1609 (2022)

176 N.Y.S.3d 399

2022 NY Slip Op 05424

In the Matter of Williamsville Residents Opposed to Blocher Redevelopment, LLC, et al., Appellants, v. Village of Williamsville Planning and Architectural Review Board et al., Respondents.

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

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

HOPKINS SORGI & McCARTHY PLLC, WILLIAMSVILLE (SEAN W. HOPKINS OF COUNSEL), AND BOND, SCHOENECK & KING PLLC, BUFFALO, FOR RESPONDENTS-RESPONDENTS.

Present—Smith, J.P., Centra, Lindley, Curran and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners/plaintiffs (petitioners) commenced this hybrid CPLR article 78 proceeding and action for declaratory judgment and seek, inter alia, to annul the determinations of respondent/defendant Village of Williamsville Planning and Architectural Review Board (Planning Board) issuing a negative declaration pursuant to article 8 of the Environmental Conservation...

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