| Matter of Niagara Metals, LLC v City of Buffalo Zoning Bd. of Appeals |
| 2026 NY Slip Op 00663 [246 AD3d 1374] |
| February 11, 2026 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Niagara Metals, LLC, Also Known as Diamond
Hurwitz Scrap, LLC, et al., Appellants, v City of Buffalo Zoning Board of Appeals et al., Respondents, and Aim Erie Recycling, LLC, Respondent. |
Phillips Lytle LLP, Buffalo (Lindsey E. Haubenreich of counsel), for petitioners-appellants.
Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City (Jay Cohen of counsel), for respondent-respondent.
Robert E. Quinn, Acting Corporation Counsel, Buffalo (David M. Lee of counsel), for respondents.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Amy C. Martoche, J.), entered September 16, 2024, in a proceeding pursuant to CPLR article 78. The judgment, insofar as appealed from, granted in part the motion of respondent Aim Recycling Erie, LLC, to dismiss the petitions.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Lindley, J.P., Bannister, Ogden, Nowak and DelConte, JJ.