MATTER OF CARL MYERS ENTERS., INC. v. TOWN OF CONESUS ZONING BD. OF APPEALS

1259 CA 19-01858.

194 A.D.3d 1487 (2021)

2021 NY Slip Op 02972

In the Matter of Carl Myers Enterprises, Inc., et al., Respondents, v. Town of Conesus Zoning Board of Appeals et al., Appellants.

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

Decided May 27, 2021.


Attorney(s) appearing for the Case

THE ZOGHLIN GROUP, PLLC, ROCHESTER ( BRIDGET A. O'TOOLE OF COUNSEL), FOR RESPONDENT-APPELLANT TOWN OF CONESUS ZONING BOARD OF APPEALS.

KNAUF SHAW LLP, ROCHESTER ( JONATHAN R. TANTILLO OF COUNSEL), FOR RESPONDENTS-APPELLANTS THOMAS BRUCKEL, PATRICIA BRUCKEL, SALLY HIRTH AND ROBERT SIRACUSA.

Present—Smith, J.P., Peradotto, NeMoyer and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying that part of the petition seeking to annul the determination of respondent Town of Conesus Zoning Board of Appeals on the ground that it violated Town Law § 267-a (12), and vacating the eighth ordering paragraph and as modified the judgment is affirmed without costs and the matter is remitted to Supreme Court, Livingston...

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