Opinion
No. CA 06-03397.
March 16, 2007.
Appeal by permission of a Justice of the Supreme Court, Erie County (Joseph G. Makowski, J.), from an order of that court, entered November 13, 2006. The order, among other things, denied petitioners' motion for a preliminary injunction enjoining respondents from approving or acting upon a proposed agreement for the sale of the Fulton Street right-of-way to the Seneca Nation of Indians, Seneca Gaming Corporation and Seneca Erie Gaming Corporation.
KNOER, CRAWFORD BENDER, LLP, BUFFALO (ROBERT E. KNOER OF COUNSEL), STENGER FINNERTY, RICHARD LIPPES AND ASSOCIATES, AND JACKSON JACKSON, LLP, FOR PETITIONERS-APPELLANTS.
PHILLIPS LYTLE LLP, BUFFALO (ADAM S. WALTERS OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
Present — Hurlbutt, J.P., Martoche, Lunn, Peradotto and Green, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court.