SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 5, 2009
IN THE MATTER OF CUSTOM TOPSOIL, INC. AND 1070 SENECA STREET, INC., PETITIONERS/PLAINTIFFS-RESPONDENTS,
CITY OF BUFFALO AND RICHARD M. TOBE, COMMISSIONER, CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT AND INSPECTION SERVICES, RESPONDENTS/DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered January 11, 2008 in a proceeding pursuant to CPLR article 78. The order denied the motion of respondents/defendants to dismiss the petition.
PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, CARNI, AND GREEN, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985).
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