Niagara Preservation Coalition, Inc. v. New York Power Authority

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Niagara County (Catherine R. Nugent Panepinto, J.), entered April 25, 2013 in a CPLR article 78 proceeding and declaratory judgment action. The judgment dismissed the petition/complaint, vacated a temporary restraining order and denied the application of petitioner-plaintiff for injunctive relief.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner-plaintiff (petitioner) commenced this hybrid CPLR article 78 proceeding/declaratory judgment action…