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MATTER OF SIERRA CLUB v. CITY OF NORTH TONAWANDA

439 CA 22-00953.

217 A.D.3d 1418 (2023)

189 N.Y.S.3d 357

2023 NY Slip Op 03135

In the Matter of Sierra Club et al., Appellants, v. City of North Tonawanda et al., Respondents.

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

LIPPES & LIPPES, BUFFALO (RICHARD J. LIPPES of counsel), FOR PETITIONERS-APPELLANTS.

PHILLIPS LYTLE LLP, BUFFALO (WILLIAM V. ROSSI of counsel), FOR RESPONDENTS-RESPONDENTS FORTISTAR NORTH TONAWANDA LLC, AND DIGIHOST INTERNATIONAL, INC.

Present—Whalen, P.J., Lindley, Curran, Bannister and Greenwood, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered March 17, 2022, in a proceeding pursuant to CPLR article 78. The judgment, among other things, dismissed the amended petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated at...

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