IN THE MATTER OF SIERRA CLUB, DARLENE BULLSOVER, SYLVIU DAN, JR., AND DEBORAH GONDEK V CITY OF NORTH TONAWANDA, CITY OF

IN THE MATTER OF SIERRA CLUB, DARLENE BULLSOVER, SYLVIU DAN, JR., AND DEBORAH GONDEK V CITY OF NORTH TONAWANDA, CITY OF

Motion No: CA 22-00953

Slip Opinion No: 2022 NY Slip Op 70523(U)

Decided on August 17, 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.

August 17, 2022

PRESENT: WHALEN, P.J., CENTRA, NEMOYER, AND BANNISTER, JJ.

CA 22-00953

IN THE MATTER OF SIERRA CLUB, DARLENE BULLSOVER, SYLVIU
DAN, JR., AND DEBORAH GONDEK, PETITIONERS-APPELLANTS,
V
CITY OF NORTH TONAWANDA, CITY OF NORTH TONAWANDA PLANNING
BOARD, FORTISTAR NORTH TONAWANDA LLC, AND
DIGIHOST INTERNATIONAL INC., RESPONDENTS-RESPONDENTS.
Index No: E176242/2021

Appellants having moved for a preliminary injunction on the appeal taken herein from an order of the Supreme Court, Erie County, entered March 17, 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 is denied.

Entered: August 17, 2022

Ann Dillon Flynn

Clerk of the Court