IN THE MATTER OF BATTAGLIA DEMOLITION, INC., BATTAGLIA TRUCKING, INC. AND PETER BATTAGLIA V CITY OF BUFFALO, CITY OF

IN THE MATTER OF BATTAGLIA DEMOLITION, INC., BATTAGLIA TRUCKING, INC. AND PETER BATTAGLIA V CITY OF BUFFALO, CITY OF

Motion No: 1305-13

Slip Opinion No: 2014 NY Slip Op 68329(U)

Decided on March 21, 2014

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.

March 21, 2014

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.

MOTION NO. 1305-13
DOCKET NO. CA 13-01063

IN THE MATTER OF BATTAGLIA DEMOLITION, INC., BATTAGLIA
TRUCKING, INC. AND PETER BATTAGLIA, PETITIONERS-APPELLANTS,
V
CITY OF BUFFALO, CITY OF BUFFALO COMMON COUNCIL, CITY OF
BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT &
INSPECTION SERVICES, AND PATRICK SOLE, JR., AS DIRECTOR OF
PERMIT & INSPECTION SERVICES, RESPONDENTS-RESPONDENTS.

Appellants having moved for leave to appeal to the Court of Appeals from the order of this Court entered December 27, 2013, and for other relief,

Now, upon reading and filing the affirmation of Joseph F. Gervase, Jr., Esq., dated January 23, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: March 21, 2014

Frances E. Cafarell, Clerk