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MATTER OF SAVE MONROE AVE., INC. v. TOWN OF BRIGHTON

252 CA 22-00164.

217 A.D.3d 1389 (2023)

191 N.Y.S.3d 560

2023 NY Slip Op 03116

In the Matter of Save Monroe Ave., Inc., et al., Appellants, v. Town of Brighton, New York Office of the Building Inspector et al., Respondents. (Appeal No. 1.).

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( AARON M. SAYKIN of counsel), FOR PETITIONERS-APPELLANTS.

WEAVER MANCUSO BRIGHTMAN PLLC, ROCHESTER ( JOHN A. MANCUSO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS TOWN OF BRIGHTON, NEW YORK OFFICE OF THE BUILDING INSPECTOR.

Present—Peradotto, J.P., Curran, Bannister and Montour, JJ.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered January 3, 2022, in a proceeding pursuant to CPLR article 78. The judgment dismissed the amended petition.

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

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul the determination of respondents the Town of Brighton...

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