Matter of Hastreiter v City of Buffalo
2005 NY Slip Op 07203 [21 AD3d 1441]
Decided on September 30, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, AND LAWTON, JJ.

1156 CA 04-02874

[*1]MATTER OF MARGE HASTREITER AND ROSE BOLOGNA, PETITIONERS-APPELLANTS, ORDER

v

CITY OF BUFFALO, COMMON COUNCIL OF CITY OF BUFFALO AND ADVISORY BOARD FOR LOVEJOY ELDERLY AND YOUTH, INC., RESPONDENTS-RESPONDENTS.



Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered April 28, 2004 in a proceeding pursuant to CPLR article 78. The judgment dismissed the amended petition.


PROKOP & PROKOP, EAST SETAUKET (JOSEPH W. PROKOP OF COUNSEL), FOR PETITIONERS-APPELLANTS.
MICHAEL B. RISMAN, CORPORATION COUNSEL, BUFFALO (TIMOTHY A. BALL OF COUNSEL), FOR RESPONDENTS-RESPONDENTS CITY OF BUFFALO AND COMMON COUNCIL OF CITY OF BUFFALO.
MICHAEL G. COOPER, HAMBURG, FOR RESPONDENT-RESPONDENT ADVISORY BOARD FOR LOVEJOY ELDERLY AND YOUTH, INC.


It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: September 30, 2005
JoAnn M. Wahl
Clerk of the Court