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MATTER OF WESTSIDE GROCERY & DELI, LLC v. CITY OF SYRACUSE

819 TP 22-00508.

211 A.D.3d 1551 (2022)

2022 NY Slip Op 07353

In the Matter of Westside Grocery & Deli, LLC, Petitioner/Plaintiff, v. City of Syracuse et al., Respondents/Defendants.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

ABRAHAM LAW PLLC, SYRACUSE ( IMAN ABRAHAM OF COUNSEL), FOR PETITIONER-PLAINTIFF.

SUSAN KATZOFF , CORPORATION COUNSEL, SYRACUSE ( DANIELLE R. SMITH OF COUNSEL), FOR RESPONDENTS-DEFENDANTS.

Present—Whalen, P.J., Smith, Lindley, NeMoyer and Winslow, JJ.

Proceeding pursuant to CPLR article 78 and declaratory judgment action (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Onondaga County [Deborah H. Karalunas, J.], entered Apr. 1, 2022) to review a determination of respondents/defendants. The determination found a public nuisance following a hearing.

It is hereby ordered that the order insofar as it transferred

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