Matter of Citizens Against Sprawl-Mart v City of Niagara Falls

Matter of Citizens Against Sprawl-Mart v City of Niagara Falls

Motion No: 636

Slip Opinion No: 2007 NYSlipOp 72837

Decided on July 2, 2007

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

In the Matter of Citizens Against Sprawl-Mart, &c., Appellants, v. City of Niagara Falls, et al., Respondents.

Motion, insofar as it seeks leave to appeal as against Benderson Development Company, Inc. and Randall Benderson 1993-1 Trust, dismissed as untimely (see CPLR 5513[b]; 2103[b][6]); motion, insofar as it seeks leave to appeal as against the City of Niagara Falls, the City Council of Niagara Falls, the Planning Board of the City of Niagara Falls and the Zoning Board of Appeals of the City of Niagara Falls, denied.