National Fuel Gas Distribution Corp. v. City of Jamestown

Appeal, by permission of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered January 23, 2012 in a CPLR article 78 proceeding and declaratory judgment action. The order, among other things, denied the motion of respondent-defendant to vacate the stay/ preliminary injunction granted on September 17, 2010.

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

Memorandum: Petitioner-plaintiff (petitioner) commenced *1046this hybrid. CPLR article 78 proceeding…