PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-00682

DANIEL VALENTINE, PHEZ ENTERTAINMENT, LLC DOING BUSINESS AS LUX, ADAM MARCH, BAYOU MARTY GRAUS, LLC DOING BUSINESS AS BAYOU DOING BUSINESS AS THE LODGE, VALMAR DEVELOPMENT, LLC, AND COLIN MILLER, PLAINTIFFS-PETITIONERS-APPELLANTS, V CITY OF BUFFALO, BYRON W. BROWN, MAYOR OF CITY OF BUFFALO, RICHARD A. FONTANA, CITY OF BUFFALO COMMON COUNCIL MEMBER, DAVID A. FRANCZYK, CITY OF BUFFALO COMMON COUNCIL MEMBER, DARIUS G. PRIDGEN, CITY OF BUFFALO COMMON COUNCIL MEMBER, JOSEPH GOLOMBEK, JR., CITY OF BUFFALO COMMON COUNCIL MEMBER, CHRISTOPHER P. SCANLON, CITY OF BUFFALO COMMON COUNCIL MEMBER, MICHAEL J. LOCURTO, CITY OF BUFFALO COMMON COUNCIL MEMBER, DAVID A. RIVERA, CITY OF BUFFALO COMMON COUNCIL MEMBER, BONNIE E. RUSSELL, CITY OF BUFFALO COMMON COUNCIL MEMBER, DEMONE A. SMITH, CITY OF BUFFALO COMMON COUNCIL MEMBER, CITY OF BUFFALO POLICE DEPARTMENT COMMISSIONER DANIEL DERENDA, AND CITY OF BUFFALO DEPARTMENT OF PERMIT AND INSPECTION SERVICES COMMISSIONER JAMES COMERFORD, JR., DEFENDANTS-RESPONDENTS-RESPONDENTS.

Appellants having moved for a preliminary injunction, pursuant to CPLR 5518, pending this Court's determination of the appeal taken herein from an order of the Supreme Court, County of Erie, dated April 8, 2013, and for other relief,

Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq., dated April 15, 2013, the notice of motion with proof of service thereof, and the affidavit of Timothy A. Ball, Esq., sworn to May 10, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: May 15, 2013

Frances E. Cafarell, Clerk