| MOTION NO. 1523 IN THE MATTER OF CUSTOM TOPSOIL, INC. AND 1070 SENECA STREET, INC., . V CITY OF BUFFALO, . |
| Motion No: CA 10-01320 |
| Slip Opinion No: 2011 NY Slip Op 72436(U) |
| Decided on April 29, 2011 |
| 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. |
PRESENT: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. CA 10-01320
| MOTION NO. 1523 IN THE MATTER OF CUSTOM TOPSOIL, INC. AND 1070 SENECA
STREET, INC., PETITIONERS-PLAINTIFFS-RESPONDENTS. V CITY OF BUFFALO,
RESPONDENT-DEFENDANT-APPELLANT. |
Petitioners-plaintiffs-respondents having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered February 10, 2011,
Now, upon reading and filing the affidavit of Craig A. Slater, Esq. sworn to March 17, 2011, the affidavit of Michael Fronckowiak sworn to March 8, 2011, the notice of motion with proof of service thereof, and the affidavit of David M. Lee, Esq. sworn to April 7, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: April 29, 2011
Patricia L. Morgan, Clerk