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

520 CA 22-00537.

217 A.D.3d 1429 (2023)

189 N.Y.S.3d 368

2023 NY Slip Op 03152

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. (Proceeding No. 1.). In the Matter of Brighton Grassroots, LLC, Appellant, v. Town of Brighton Zoning Board of Appeals et al., Respondents, et al., Respondents. (Proceeding No. 2.) (Appeal No. 3.).

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 IN PROCEEDING NO. 1.

THE ZOGHLIN GROUP, PLLC, ROCHESTER ( MINDY L. ZOGHLIN of counsel), FOR PETITIONER-APPELLANT IN PROCEEDING NO. 2.

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.

MUCCA, LLC, MARDANTH ENTERPRISES, INC., AND M & F, LLC.

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

Appeals from an amended order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered March 9, 2022, in proceedings pursuant to CPLR article 78. The amended order dismissed the petitions.

It is hereby ordered that said appeals are unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988, 988 [4th Dept 1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts,

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