IN RE: MARTIN DOWNEY (2023)

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

IN RE: MARTIN DOWNEY, KIMBERLY DOWNEY, GARY HOWARTH, BERNADETTE HOWARTH, PAUL GORMAN, LESLIE GORMAN, GEORGE SIRADAS, DAVID FRIEDER, BEVERLY DIPALMA, JIM DIPALMA, BRIAN MCKENNA, LINDA MCKENNA, LOU SZYMANSKI, JEANETTE TACKETT, KEN TACKETT, MARK DREISS, JENNIFER STACHNIC, SUSAN FOX, WALTER DONALDSON, DAVID MILLER, MERLE SCHRECKENGOST, MARK COOPER, PHIL GRALNIK, NANCY GRALNIK, SHARON DOLL, PAT OGDEN, MARY MARTIN, TIM MARTIN, DEEDEE SOLMAN, JAY SOLMAN AND OLGA MELKOZEROVA, PETITIONERS-APPELLANTS, v. CITY OF NORTH TONAWANDA, THE PLANNING BOARD OF THE CITY OF NORTH TONAWANDA, AND MCW CONSTRUCTION, INC., RESPONDENTS-RESPONDENTS.

358 Decided: June 30, 2023

PRESENT: WHALEN, P.J., PERADOTTO, CURRAN, OGDEN, AND GREENWOOD, JJ.

LIPPES & LIPPES, BUFFALO (RICHARD J. LIPPES OF COUNSEL), FOR PETITIONERS-APPELLANTS. MICHAEL G. PUTZAK, NORTH TONAWANDA, FOR RESPONDENT-RESPONDENT MCW CONSTRUCTION, INC.

ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.

Entered: June 30, 2023

Ann Dillon Flynn

Clerk of the Court

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