IN THE MATTER OF PASTOR KEITH H. SCOTT, SR. , DORA RICHARDSON, JOSEPHINE RUSH, JOHN MCKENDRY, AND SHELLEY MCKENDRY V
Motion No: 1309-09
Slip Opinion No: 2010 NY Slip Op 66628(U)
Decided on February 11, 2010
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


February 11, 2010

PRESENT: CENTRA, J.P., PERADOTTO, PINE AND GORSKI, JJ.

MOTION NO. 1309-09
DOCKET NO. CA 09-00953

IN THE MATTER OF PASTOR KEITH H. SCOTT, SR., ET AL., PETITIONERS,

DORA RICHARDSON, JOSEPHINE RUSH, JOHN MCKENDRY, AND SHELLEY

MCKENDRY, PETITIONERS-APPELLANTS,

V

CITY OF BUFFALO, COMMON COUNCIL OF CITY OF BUFFALO,

BYRON BROWN, IN HIS OFFICIAL CAPACITY AS MAYOR OF CITY OF

BUFFALO, CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS,

DEPARTMENT OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTION,

BUFFALO SEWER AUTHORITY AND BUFFALO MUNICIPAL WATER FINANCE

AUTHORITY, RESPONDENTS-RESPONDENTS.


Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered November 13, 2009,

Now, upon reading and filing the affidavit of Robert E. Knoer sworn to January 5, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: February 11, 2010

Patricia L. Morgan, Clerk