PRESENT: SMITH, J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY JJ.

CA 22-00086

MATTER OF THE CAMPAIGN FOR BUFFALO HISTORY, ARCHITECTURE & CULTURE, INC., PETITIONER-APPELLANT, V CITY OF BUFFALO, AND ADM MILLING, CO., RESPONDENTS-RESPONDENTS.

Appellant having moved, upon the return of an order to show cause granted by the Honorable Tracey A. Bannister on January 14, 2022, for preliminary injunctive relief pursuant to CPLR 5518, in the appeal from a judgment (denominated decision and order) of the Supreme Court, Erie County, entered January 5, 2022,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for a preliminary injunction is granted, and respondents are hereby enjoined and prohibited from taking any actions to demolish or destroy the historic structure known as the Great Northern Grain Elevator located at 250 Ganson Street, Buffalo, New York, pending the hearing and determination of the appeal herein, on the condition that the undertaking previously posted by appellant is maintained during the pendency of the appeal, and that the appeal is perfected on or before March 1, 2022, and

It is further ORDERED that if the appeal is so perfected, respondents' briefs shall be filed on or before March 16, 2022, and

It is further ORDERED that if the appeal is so perfected, the appeal shall be added to the day calendar during the second week of the term of this Court commencing March 28, 2022.

Entered: February 15, 2022

Ann Dillon Flynn

Clerk of the Court