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MATTER OF BISTANY v. CITY OF BUFFALO

No. 902 CA 22-00495.

210 A.D.3d 1535 (2022)

178 N.Y.S.3d 669

2022 NY Slip Op 06618

In the Matter of Undine Bistany et al., Appellants, et al., Petitioner/Plaintiff, v. City of Buffalo et al., Respondents.

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

Decided November 18, 2022.

Attorney(s) appearing for the Case

THE LAW OFFICE OF STEPHANIE ADAMS, PLLC, BUFFALO (STEPHANIE A. ADAMS OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS.

CARIN S. GORDON, CORPORATION COUNSEL, BUFFALO, FOR RESPONDENTS-DEFENDANTS-RESPONDENTS CITY OF BUFFALO, COMMON COUNCIL OF CITY OF BUFFALO, BUFFALO CITY CLERK, AND CITY OF BUFFALO PLANNING BOARD.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (MARC A. ROMANOWSKI OF COUNSEL), FOR RESPONDENT-DEFENDANT-RESPONDENT ELMWOOD CROSSING, LLC.

Present—Peradotto, J.P., NeMoyer, Curran and Bannister, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Daniel Furlong, J.), entered August 16, 2021, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The judgment denied and dismissed the petition/complaint.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the provision dismissing that part of the petition/complaint seeking a declaration and granting judgment in...

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