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MATTER OF BRIGHTON GRASSROOTS, LLC v. TOWN OF BRIGHTON PLANNING BD.

144 CA 21-00346.

203 A.D.3d 1577 (2022)

161 N.Y.S.3d 910

2022 NY Slip Op 01651

In the Matter of Brighton Grassroots, LLC, Appellant, v. Town of Brighton Planning Board et al., Respondents, et al., Respondents/Defendants.

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

Decided March 11, 2022.

Attorney(s) appearing for the Case

THE ZOGHLIN GROUP, PLLC, ROCHESTER ( MINDY L. ZOGHLIN OF COUNSEL), FOR PETITIONER-PLAINTIFF-APPELLANT.

WEAVER MANCUSO BRIGHTMAN PLLC, ROCHESTER ( JOHN A. MANCUSO OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS TOWN OF BRIGHTON PLANNING BOARD, TOWN OF BRIGHTON TOWN BOARD, AND TOWN OF BRIGHTON.

WOODS OVIATT GILMAN LLP, ROCHESTER ( JOHN C. NUTTER OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS M & F, LLC, DANIELE SPC, LLC, MUCCA MUCCA LLC, MARDANTH ENTERPRISES, INC., AND DANIELE MANAGEMENT, LLC, COLLECTIVELY DOING BUSINESS AS DANIELE FAMILY COMPANIES.

Present—Whalen, P.J., Centra, Peradotto, NeMoyer and Winslow, JJ.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see e.g. Matter of Hool v Collins, 34 N.Y.2d 617, 617 [1974]; Matter of Samantha WW. v Gerald XX., 107 A.D.3d 1313, 1315 [3d Dept 2013]; Matter of Harper v Fischer, 67 A.D.3d 1279, 1280 n [3d...

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