Custom Topsoil, Inc. v. City of Buffalo (63 A.D.3d 1512, 2009)

—Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered May 12, 2008 in a proceeding pursuant to CPLR article 78. The order, among other things, granted the motion of petitioners/plaintiffs for leave to renew. It is hereby ordered that the order so appealed from is unanimously affirmed without costs (see Ciesinski v Town of Aurora, 202 AD2d 984 [1994]). Present—Scudder, PJ., Smith, Peradotto, Garni and Green, JJ.