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MATTER OF BRIGHTON GRASSROOTS, LLC v. TOWN OF BRIGHTON ZONING BD. OF APPEALS

735 CA 22-00887.

219 A.D.3d 1716 (2023)

195 N.Y.S.3d 856

2023 NY Slip Op 04889

In the Matter of Brighton Grassroots, LLC, Appellant, v. Town of Brighton Zoning Board of Appeals et al., Respondents, et al., Respondents. (Proceeding No. 1.) In the Matter of Save Monroe Ave., Inc., et al., Appellants, v. Town of Brighton Office of the Building Inspector et al., Respondents. (Proceeding No. 2.)

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

Decided September 29, 2023.

Attorney(s) appearing for the Case

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

HODGSON RUSS LLP, BUFFALO ( AARON M. SAYKIN OF COUNSEL), FOR PETITIONERS-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.

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

Appeals from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered May 6, 2022, in proceedings pursuant to CPLR article 78. The judgment denied in part and dismissed in part the petitions.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 7, 2023,

It is hereby ordered that said appeals are unanimously dismissed without costs upon...

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