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MATTER OF GIDNEY v. ZONING BOARD OF APPEALS OF CITY OF BUFFALO

108 CA 21-01074.

207 A.D.3d 1025 (2022)

171 N.Y.S.3d 274

2022 NY Slip Op 04232

In the Matter of Elverna D. Gidney, Appellant, et al., Petitioner, v. Zoning Board of Appeals of City of Buffalo et al., Respondents.

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

Decided July 1, 2022.

Attorney(s) appearing for the Case

LAW OFFICE OF ARTHUR J. GIACALONE, BUFFALO ( ARTHUR J. GIACALONE OF COUNSEL), FOR PETITIONER-APPELLANT.

TIMOTHY A. BALL , CORPORATION COUNSEL, BUFFALO ( JESSICA M. LAZARIN OF COUNSEL), FOR RESPONDENTS-RESPONDENTS ZONING BOARD OF APPEALS OF CITY OF BUFFALO AND PLANNING BOARD OF CITY OF BUFFALO.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( MARC A. ROMANOWSKI OF COUNSEL), FOR RESPONDENTS-RESPONDENTS SYMPHONY PROPERTY MANAGEMENT LLC AND MICHIGAN-REDEV LLC.

Present—Peradotto, J.P., Lindley, Curran and Winslow, JJ.

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

Memorandum: Respondents Symphony Property Management LLC and Michigan-Redev LLC (collectively, developers) are the owners of several contiguous parcels of land, where they propose building a stacked unit residential building (project). The project site is split between mixed use zoning on the west and residential zoning on the east and, in order to complete the project as...

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