| Matter of Downey v City of N. Tonawanda |
| 2023 NY Slip Op 03605 [217 AD3d 1526] |
| June 30, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Martin Downey et al.,
Appellants, v City of North Tonawanda et al., Respondents. |
Lippes & Lippes, Buffalo (Richard J. Lippes of counsel), for petitioners-appellants.
Michael G. Putzak, North Tonawanda, for respondent-respondent McW Construction, Inc.
Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered February 1, 2022, in a proceeding pursuant to CPLR article 78. The judgment, inter alia, dismissed the third 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., Peradotto, Curran, Ogden and Greenwood, JJ.