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MATTER OF CUSTOM TOPSOIL, INC. v. CITY OF BUFFALO

12 A.D.3d 1168 (2004)

785 N.Y.S.2d 637

In the Matter of CUSTOM TOPSOIL, INC., et al., Appellants-Respondents, v. CITY OF BUFFALO et al., Respondents-Appellants, and FLEXO TRANSPARENT, INC., et al., Intervenors-Respondents-Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 19, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioners commenced this proceeding seeking, inter alia, to annul a determination either denying or refusing to process the application of petitioner Custom Topsoil, Inc. for a use permit (see Buffalo City Code § 511-116 [B]) allowing it to engage in rock, stone and concrete crushing operations on a site in respondent...

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