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MATTER OF CAMPAIGN FOR BUFFALO HISTORY, ARCHITECTURE & CULTURE, INC. v. CITY OF BUFFALO

428 CA 22-00086.

204 A.D.3d 1531 (2022)

168 N.Y.S.3d 202

2022 NY Slip Op 02927

In the Matter of the Campaign for Buffalo History, Architecture & Culture, Inc., Appellant, v. City of Buffalo et al., Respondents.

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

Decided April 29, 2022.

Attorney(s) appearing for the Case

LIPPES & LIPPES, BUFFALO ( RICHARD J. LIPPES OF COUNSEL), FOR PETITIONER-APPELLANT.

CAVETTE A. CHAMBERS , CORPORATION COUNSEL, BUFFALO ( DAVID M. LEE OF COUNSEL), FOR RESPONDENT-RESPONDENT CITY OF BUFFALO.

MARKARIAN MAGAVERN GRIMM, LLP, BUFFALO ( EDWARD J. MARKARIAN OF COUNSEL), AND PERSONIUS MELBER LLP, FOR RESPONDENT-RESPONDENT ADM MILLING, CO.

LIPPES MATHIAS LLP, BUFFALO ( CARMEN A. VACCO OF COUNSEL), FOR DOUGLAS DEVELOPMENT CORPORATION AND DOUGLAS JEMAL, AMICUS CURIAE.

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

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the petition and temporary restraining order are reinstated and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul a determination ordering an emergency demolition of a structure located...

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