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MATTER OF BUFFALO CITY CEMETERY, INC. v. 215 LOT OWNERS

244 CA 23-00089.

2024 NY Slip Op 02435

IN THE MATTER OF BUFFALO CITY CEMETERY, INC., ALSO KNOWN AS FOREST LAWN, Petitioner-Respondent, v. 215 LOT OWNERS AND/OR NEXT-OF-KIN FOR DECEDENTS INTERRRED AT ST. MATTHEW'S CEMETERY, Respondents-Appellants.

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

Decided May 3, 2024.

Attorney(s) appearing for the Case

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

GOLDBERG SEGALLA LLP, BUFFALO ( MEGHAN M. BROWN OF COUNSEL), FOR PETITIONER-RESPONDENT.

PRESENT: WHALEN, P.J., LINDLEY, OGDEN, NOWAK, AND DELCONTE, JJ.

Appeal from a decision of the Supreme Court, Erie County (Dennis E. Ward, J.), entered November 30, 2022. The decision granted the petition for approval of the relocation of graves.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: In this proceeding pursuant to Not-for-Profit Corporation Law § 1510(e), respondents appeal from a decision granting petitioner's request for a judgment approving, nunc pro tunc, the...

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