Majority
p. 858In the Matter of Citizens Against Sprawl-Mart, by Leo F. Alcuri, et al., Appellants, v City of Niagara Falls et al., Respondents. Submitted May 14, 2007; decided July 2, 2007
Headnote
Reported below, 35 AD3d 1190 .Motion, insofar as it seeks leave to appeal as against Bender-son Development Company, Inc. and Randall Benderson 1993-1 Trust, dismissed as untimely (see CPLR 5513 [b]; 2103 [b] [6]); motion, insofar as it seeks leave to appeal as against the City of Niagara Falls, the City Council of Niagara Falls, the Planning Board of the City of Niagara Falls and the Zoning Board of Appeals of the City of Niagara Falls, denied.