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Custom Topsoil, Inc. v. City of Buffalo

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,
v.
CITY OF BUFFALO AND RICHARD M. TOBE, COMMISSIONER, CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT AND INSPECTION SERVICES, RESPONDENTS/DEFENDANTS-APPELLANTS. (APPEAL NO. 3.)

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered May 12, 2008 in a proceeding pursuant to CPLR article 78. The order, among other things, granted the motion of petitioners/plaintiffs for leave to renew.

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, CARNI, AND GREEN, JJ.

ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs (see Ciesinski v Town of Aurora, 202 AD2d 984).

20090605

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