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

871 CA 22-01939.

221 A.D.3d 1597 (2023)

198 N.Y.S.3d 481

2023 NY Slip Op 05923

In the Matter of Save Monroe Ave., Inc., et al., Appellants, v. Town of Brighton et al., Respondents, et al., Respondents/Defendants.

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

Decided November 17, 2023.

Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( CHARLES W. MALCOMB OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS.

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

WOODS OVIATT GILMAN LLP, ROCHESTER ( JOHN C. NUTTER OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS DANIELE MANAGEMENT, LLC, DANIELE SPC, LLC, MUCCA MUCCA, LLC, MARDANTH ENTERPRISES, INC., M & F, LLC, AND THE DANIELE FAMILY COMPANIES.

Present—Bannister, J.P., Ogden, Greenwood and DelConte, JJ.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered November 9, 2022, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The judgment dismissed the petition/complaint.

It is hereby ordered that the judgment so appealed from is unanimously affirmed...

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