IN THE MATTER OF THE APPLICATION OF PARK AVENUE ESTATES, LLC AND DARRYL CARR V CITY OF BUFFALO AND CITY OF BUFFALO
Motion No: CA 24-01528
Slip Opinion No: 2024 NY Slip Op 77245(U)
Decided on October 21, 2024
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.


October 21, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

CA 24-01528

IN THE MATTER OF THE APPLICATION OF PARK AVENUE ESTATES,

LLC AND DARRYL CARR, PETITIONERS-APPELLANTS,

V

CITY OF BUFFALO AND CITY OF BUFFALO PERMIT & INSPECTION

SERVICES, RESPONDENTS-RESPONDENTS.


Petitioners-appellants having moved upon the return of an order to show cause for a preliminary injunction pursuant to CPLR 5518 and for a stay pursuant to CPLR 5519 (c) in the appeal taken herein from an order of the Supreme Court, Erie County, entered August 28, 2024,

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 insofar as it seeks a preliminary injunction is denied, and

It is further ORDERED that the motion insofar as it seeks a discretionary stay is denied.

Entered: October 21, 2024

Ann Dillon Flynn

Clerk of the Court