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MATTER OF COALITION FOR HILL v. CITY OF ROCHESTER

854 CA 19-01080.

194 A.D.3d 1428 (2021)

2021 NY Slip Op 02948

In the Matter of Coalition for Cobbs Hill, by Thomas Pastecki, as its Co-Chairperson, et al., Appellants, v. City of Rochester et al., Respondents, et al., Respondents/Defendants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided May 7, 2021.

Attorney(s) appearing for the Case

KNAUF SHAW LLP, ROCHESTER ( ALAN J. KNAUF OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS.

TIMOTHY R. CURTIN , CORPORATION COUNSEL, ROCHESTER ( THOMAS J. WARTH OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS CITY OF ROCHESTER, CITY OF ROCHESTER PLANNING COMMISSION, AND CITY OF ROCHESTER MANAGER OF ZONING.

WOODS OVIATT GILMAN LLP, ROCHESTER ( WARREN B. ROSENBAUM OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS PLYMOUTH GARDENS, INC., AND ROCHESTER MANAGEMENT, INC.

Present—Whalen, P.J., Smith, Curran, Troutman and DeJoseph, JJ.

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

Memorandum: This appeal involves the redevelopment of Cobbs Hill Village, an affordable housing community for seniors located on property owned by respondent/defendant Plymouth Gardens, Inc. (Plymouth). In 1957, after receiving approval from the New York State Legislature (L 1956, ch 453), respondent/defendant City of Rochester (City) sold the Cobbs Hill Village property...

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