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MATTER OF BUENOS HILL, INC. v. CITY OF SARATOGA SPRINGS

CV-22-2128.

2024 NY Slip Op 00111

In the Matter of Buenos Hill, Inc., et al., Appellants, v. City of Saratoga Springs et al., Respondents.

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

Decided January 11, 2024.

Attorney(s) appearing for the Case

Law Office of William R. DiCenzo, Jackson Heights ( William R. DiCenzo of counsel), for appellants.

Miller, Mannix, Schachner & Hafner, LLC, Glens Falls ( Leah Everhart of counsel), for City of Saratoga Springs and others, respondents.

Bartlett, Pontiff, Stewart & Rhodes, PC, Glens Falls ( Karla Williams Buettner of counsel), for County of Saratoga and others, respondents.

Letitia James , Attorney General, Albany ( Brian Lusignan of counsel), for New York State Department of Transportation and others, respondents.

Before: Egan Jr., J.P., Clark, Aarons, Ceresia and Mackey, JJ.

Appeal from an order of the Supreme Court (Thomas D. Buchanan, J.), entered November 1, 2022 in Saratoga County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondents' motions to dismiss the petition/complaint and for summary judgment dismissing the petition/complaint.

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