EAST SIDE PARKWAYS COALITION - V NEW YORK STATE DEPARTMENT OF TRANSPORTATION, CITY OF BUFFALO,
Motion No: CA 25-00828
Slip Opinion No: 2026 NY Slip Op 61219(U)
Decided on January 12, 2026
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.


January 12, 2026

PRESENT: LINDLEY, J.P., BANNISTER, OGDEN, NOWAK, AND DELCONTE, JJ.

CA 25-00828

EAST SIDE PARKWAYS COALITION, ET AL., PLAINTIFFS-APPELLANTS,

V

NEW YORK STATE DEPARTMENT OF TRANSPORTATION, CITY OF BUFFALO, ET AL., DEFENDANTS-RESPONDENTS.


The Olmstead Network having moved for permission to file and serve an Amicus Curiae brief on the appeal taken herein from an order of the Supreme Court, Erie County, dated March 12, 2025,

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 granted, on the condition that the brief is filed and served, in accordance with this Court's rules, on or before January 21, 2026, and

It is further ORDERED that respondents State of New York, New York State Department of Transportation, Marie Therese Dominguez, Commissioner of DOT, and Stephanie Winkelhake, P.E, Chief Engineer of DOT, may file and serve a post argument submission responding to that Amicus Brief on or before February 2, 2026.

Entered: January 12, 2026

Ann Dillon Flynn

Clerk of the Court