IN THE MATTER OF ELVERNA D. GIDNEY, - V ZONING BOARD OF APPEALS OF CITY OF BUFFALO, PLANNING BOARD OF CITY OF BUFFALO
Motion No: CA 21-01074
Slip Opinion No: 2022 NY Slip Op 68251(U)
Decided on June 27, 2022
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


June 27, 2022

PRESENT: PERADOTTO, J.P., LINDLEY, CURRAN, AND WINSLOW, JJ.

CA 21-01074

IN THE MATTER OF ELVERNA D. GIDNEY, PETITIONER-APPELLANT,

ET AL., PETITIONER,

V

ZONING BOARD OF APPEALS OF CITY OF BUFFALO, PLANNING BOARD

OF CITY OF BUFFALO, SYMPHONY PROPERTY MANAGEMENT LLC AND

MICHIGAN-REDEV LLC, RESPONDENTS-RESPONDENTS.



Appellant having moved for a preliminary injunction, pursuant to CPLR 5518 and CPLR 6301, enjoining respondents Symphony Property Management, LLC and Michigan-Redev LLC, their employees, contractors, agents, affiliates and assigns, from commencing and/or continuing activities in furtherance of the construction of The Lawrence apartment project pending the hearing and determination of the appeal taken herein from a judgment of the Supreme Court, Erie County, entered February 17, 2021,

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 is denied.

Entered: June 27, 2022

Ann Dillon Flynn

Clerk of the Court