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

DOCKET NO. CA 16-02043
DOCKET NO. CA 16-02077

IN THE MATTER OF MARGARET WOOSTER, CLAYTON S. "JAY" BURNEY, JR., LYNDA K. STEPHENS AND JAMES E. CARR, PETITIONERS-APPELLANTS-RESPONDENTS, V QUEEN CITY LANDING, LLC, RESPONDENT-RESPONDENT-APPELLANT, CITY OF BUFFALO PLANNING BOARD AND CITY OF BUFFALO COMMON COUNCIL, RESPONDENTS-RESPONDENTS. (PROCEEDING NO.1.) IN THE MATTER OF BUFFALO NIAGARA RIVERKEEPERS, INC., PETITIONER-APPELLANT-RESPONDENT, V CITY OF BUFFALO, RESPONDENT-RESPONDENT, AND QUEEN CITY LANDING, LLC, RESPONDENT-RESPONDENT-APPELLANT. (PROCEEDING NO. 2.) (APPEAL NO. 1.) IN THE MATTER OF MARGARET WOOSTER, CLAYTON S. "JAY" BURNEY, JR., LYNDA K. STEPHENS AND JAMES E. CARR, PETITIONERS-APPELLANTS, V QUEEN CITY LANDING, LLC, CITY OF BUFFALO PLANNING BOARD AND CITY OF BUFFALO COMMON COUNCIL, RESPONDENTS-RESPONDENTS. (APPEAL NO. 2.)

Respondent Queen City Landing, LLC having moved to strike point I and Appendix A in the reply brief filed by petitioners on the appeal taken herein from orders and judgments of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 11, 2016, and November 9, 2016,

Now, upon reading and filing the affirmation of Elizabeth A. Kraegel, Esq., dated March 1, 2017, the notice of motion with proof of service thereof, the affirmation of Arthur J. Giacalone, Esq., dated March 15, 2017, and the affidavit of Jessica M. Lazarin, Esq., sworn to March 15, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice and leave to renew the arguments in support of and in opposition to the motion at oral argument.

Entered: April 4, 2017

Frances E. Cafarell, Clerk