CLOVER/ALLEN'S CREEK NEIGHBORHOOD ASSOCIATION LLC v. M&F LLC

943 CA 23-00600.

222 A.D.3d 1420 (2023)

201 N.Y.S.3d 830

2023 NY Slip Op 06664

Clover/Allen's Creek Neighborhood Association LLC et al., Appellants, v. M&F LLC et al., Respondents. (Action No. 1.). Save Monroe Ave., Inc., et al., Appellants, v. Town of Brighton et al., Respondents, et al., Defendants. (Action No. 2.). Brighton Grassroots, LLC, Appellant, v. Town of Brighton et al., Respondents, et al., Defendants. (Action No. 3.). Brighton Grassroots, LLC, Appellant, v. Town of Brighton Planning Board et al., Respondents, et al., Defendants. (Action No. 4.). Save Monroe Ave., Inc., et al., Appellants, v. Town of Brighton Planning Board et al., Respondents, et al., Defendants. (Action No. 5.). In the Matter of Save Monroe Ave., Inc., et al., Appellants, v. Town of Brighton et al., Respondents, 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.).

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

Decided December 22, 2023.


Attorney(s) appearing for the Case

NIXON PEABODY LLP, BUFFALO ( LAURIE STYKA BLOOM OF COUNSEL), FOR PLAINTIFF-APPELLANT CLOVER/ALLEN'S CREEK NEIGHBORHOOD ASSOCIATION, LLC.

HODGSON RUSS LLP, BUFFALO ( AARON M. SAYKIN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS AND 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.

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

WOODS OVIATT GILMAN LLP, ROCHESTER ( WARREN B. ROSENBAUM OF COUNSEL), AND ROTHENBERG LAW, FOR DEFENDANTS-RESPONDENTS AND RESPONDENTS-RESPONDENTS M & F LLC, DANIELE SPC, LLC, MUCCA MUCCA LLC, MARDANTH ENTERPRISES, INC., M & F, LLC, DANIELE SPC, LLC, MUCCA MUCCA LLC, AND MARDANTH ENTERPRISES, COLLECTIVELY DOING BUSINESS AS DANIELE FAMILY COMPANIES.

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

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


Appeals from a judgment of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered March 28, 2023. The judgment, inter alia, issued declarations in favor of defendants and respondents.

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

Memorandum: Plaintiffs and petitioners (plaintiffs), individuals and organizations opposed to the development of a 93,000-square-foot commercial plaza (project), brought these...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases