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MATTER OF METZGER v. CITY OF BUFFALO

85 CA 22-01014.

214 A.D.3d 1434 (2023)

186 N.Y.S.3d 868

2023 NY Slip Op 01604

In the Matter of William Metzger et al., Respondents, v. City of Buffalo et al., Appellants.

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

Decided March 24, 2023.

Attorney(s) appearing for the Case

CARIN S. GORDON , BUFFALO, FOR RESPONDENTS-APPELLANTS CITY OF BUFFALO AND CITY OF BUFFALO PLANNING BOARD.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( MARC A. ROMANOWSKI of counsel), FOR RESPONDENT-APPELLANT JC PROPERTIES QOZB LLC.

LAW OFFICE OF STEPHANIE ADAMS, PLLC, BUFFALO ( STEPHANIE A. ADAMS of counsel), FOR PETITIONERS-RESPONDENTS.

Present—Smith, J.P., Curran, Bannister and Ogden, JJ.

Appeals from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered June 16, 2022, in a proceeding pursuant to CPLR article 78. The order, insofar as appealed from, denied the motions of respondents to dismiss the petition.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motions are granted, and the petition is dismissed.

Memorandum: Respondent JC Properties...

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