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ATLAS HENRIETTA, LLC v. TOWN OF HENRIETTA ZONING BD. OF APPEALS

12/9441.

2013 NY Slip Op 23473

ATLAS HENRIETTA, LLC, ET AL., Petitioners-Plaintiffs, v. TOWN OF HENRIETTA ZONING BOARD OF APPEALS, ET AL., Respondents-Defendants.

Supreme Court, Monroe County.

Decided February 9, 2013.

Attorney(s) appearing for the Case

Brody Smith, Esq. , Attorney for Petitioners-Plaintiffs.

Daniel Mastrella, Esq. , Attorney for Respondents-Defendants.

J. SCOTT ODORISI, J.

This is a hybrid Civil Practice Law and Rules ("CPLR") Article 30 and Article 78 special proceeding seeking: (1) a reversal of the Defendant-Respondent Town of Henrietta Zoning Board of Appeals' ("ZBA") determination upholding three Notices of Violation ("NOV") issued against Petitioners-Plaintiffs ("Petitioners") in regard to various rental properties; (2) a permanent injunction prohibiting the Town of Henrietta ("the Town") from enforcing the...

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