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MATTER OF CLOVER/ALLEN'S CR. NEIGHBORHOOD ASSN. LLC v. M&F, LLC

612 CA 21-01431.

208 A.D.3d 1594 (2022)

174 N.Y.S.3d 629

2022 NY Slip Op 05407

In the Matter of Clover/Allen's Creek Neighborhood Association LLC et al., Appellants, v. M&F, LLC, et al., Collectively Doing Business as Daniele Family Companies, et al., Respondents, et al., Respondents/Defendants. (Appeal No. 5.)

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

NIXON PEABODY LLP, BUFFALO ( LAURIE STYKA BLOOM OF COUNSEL), FOR PETITIONER-PLAINTIFF-APPELLANT CLOVER/ALLEN'S CREEK NEIGHBORHOOD ASSOCIATION LLC.

HODGSON RUSS LLP, BUFFALO ( AARON M. SAYKIN OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS SAVE MONROE AVE., INC., 2900 MONROE AVE., LLC, CLIFFORDS OF PITTSFORD, L.P., ELEXCO LAND SERVICES, INC., JULIA D. KOPP, MARK BOYLAN, ANNE BOYLAN, AND STEVEN M. DEPERRIOR.

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

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

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

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

Same memorandum as in Matter of Brighton Grassroots, LLC v Town of Brighton Planning Bd. ([appeal No. 1] 208 A.D.3d 1593 [4th...

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