Scott v City of Buffalo
2007 NY Slip Op 02279 [38 AD3d 1287]
March 16, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


In the matter of Keith H. Scott, Sr., et al., Appellants, v City of Buffalo et al., Respondents.

—[*1] Knoer, Crawford & Bender, LLP, Buffalo (Robert E. Knoer of counsel), Stenger & Finnerty, Richard Lippes and Associates and Jackson & Jackson, LLP, for petitioners-appellants.

Phillips Lytle LLP, Buffalo (Adam S. Walters of counsel), for respondents-respondents.

Appeal by permission of a Justice of the Supreme Court, Erie County (Joseph G. Makowski, J.), from an order of that court, entered November 13, 2006. The order, among other things, denied petitioners' motion for a preliminary injunction enjoining respondents from approving or acting upon a proposed agreement for the sale of the Fulton Street right-of-way to the Seneca Nation of Indians, Seneca Gaming Corporation and Seneca Erie Gaming Corporation.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Hurlbutt, J.P., Martoche, Lunn, Peradotto and Green, JJ.