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MATTER OF RUPP BAASE PFALZGRAF CUNNINGHAM LLC v. CITY OF BUFFALO

1055 CA 21-01237.

213 A.D.3d 1362 (2023)

181 N.Y.S.3d 919

2023 NY Slip Op 00796

In the Matter of Rupp Baase Pfalzgraf Cunningham LLC, Appellant, v. City of Buffalo, Respondent.

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

Decided February 10, 2023.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( KEVIN J. FEDERATION OF COUNSEL), FOR PETITIONER-APPELLANT.

CAVETTE CHAMBERS , CORPORATION COUNSEL, BUFFALO ( WILLIAM P. MATHEWSON OF COUNSEL), FOR RESPONDENT-RESPONDENT.

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

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Donna M. Siwek, J.), entered August 26, 2021, in a proceeding pursuant to CPLR article 78. The judgment, inter alia, denied the request of petitioner for attorney's fees.

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

Memorandum: In this CPLR article 78 proceeding to compel...

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