Matter of Custom Topsoil, Inc., v City of Buffalo
2009 NY Slip Op 04458 [63 AD3d 1510]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


In the Matter of Custom Topsoil, Inc., et al., Respondents, v City of Buffalo et al., Appellants. (Appeal No. 1.)

—[*1] Alisa A. Lukasiewicz, Corporation Counsel, Buffalo (Brendan R. Mehaffy of counsel), for respondents/defendants-appellants.

Harter, Secrest & Emery LLP, Buffalo (Craig A. Slater of counsel), for petitioners/plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered January 11, 2008 in a proceeding pursuant to CPLR article 78. The order denied the motion of respondents/defendants to dismiss the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Scudder, P.J., Smith, Peradotto, Carni and Green, JJ.