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MATTER OF SAPIENZA v. CITY OF BUFFALO

914 CA 20-01017.

200 A.D.3d 1649 (2021)

155 N.Y.S.3d 868

2021 NY Slip Op 07388

In the Matter of Joseph Sapienza et al., Appellants, v. City of Buffalo, Respondent.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( CHAD A. DAVENPORT OF COUNSEL), FOR PETITIONERS-APPELLANTS.

TIMOTHY A. BALL , CORPORATION COUNSEL, BUFFALO ( ROBERT E. QUINN OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present—Smith, J.P., Peradotto, NeMoyer, Bannister and DeJoseph, JJ.

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

Memorandum: Petitioners commenced the instant article 78 proceeding seeking to compel respondent, City of Buffalo, to, inter alia, inspect and release as approved in a timely fashion electrical work performed by petitioners. Supreme Court granted respondent's motion to dismiss the petition pursuant to, inter alia, CPLR 3211(a...

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