| Matter of Sierra Club v City of N. Tonawanda |
| 2023 NY Slip Op 03135 [217 AD3d 1418] |
| June 9, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Sierra Club et al.,
Appellants, v City of North Tonawanda et al., Respondents. |
Lippes & Lippes, Buffalo (Richard J. Lippes of counsel), for petitioners-appellants.
Phillips Lytle LLP, Buffalo (William V. Rossi of counsel), for respondents-respondents Fortistar North Tonawanda LLC and another.
Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered March 17, 2022, in a proceeding pursuant to CPLR article 78. The judgment, among other things, dismissed the amended petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Whalen, P.J., Lindley, Curran, Bannister and Greenwood, JJ.