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

519 CA 22-00529.

217 A.D.3d 1428 (2023)

189 N.Y.S.3d 364

2023 NY Slip Op 03151

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. 2.).

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, RAMSEY BOEHNER, IN HIS CAPACITY AS BUILDING INSPECTOR, TOWN OF BRIGHTON ZONING BOARD OF APPEALS, AND TOWN OF BRIGHTON.

WOODS OVIATT GILMAN LLP, ROCHESTER ( JOHN C. NUTTER of counsel), FOR RESPONDENTS-RESPONDENTS DANIELE MANAGEMENT, LLC, DANIELE SPC, LLC, MUCCA

Present—Whalen, P.J., Peradotto, Bannister, Montour and Greenwood, JJ.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered March 24, 2022, in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs (see Matter of Save Monroe Ave., Inc. v Town of Brighton, N.Y. Off. of the Bldg. Inspector [appeal No. 1], 217 A.D.3d 1389 [4th Dept, June 9,

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