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MATTER OF TICKNER v. TOWN OF PERINTON

72 CA 22-01716.

2024 NY Slip Op 00704

IN THE MATTER OF TODD TICKNER, AS TRUSTEE OF THE DONALD R. TICKNER FAMILY WEALTH TRUST, Petitioner-Plaintiff-Appellant, v. TOWN OF PERINTON, TOWN OF PERINTON ZONING BOARD OF APPEALS, MICHAEL DOSER, MPA, IN HIS CAPACITY AS TOWN OF PERINTON DIRECTOR OF PLANNING, LOCK 32 BREWING COMPANY, LLC, DOING BUSINESS AS SEVEN STORY BREWING, BOARDWALK DESIGN, INC., CANAL HOUSE PROPERTIES, LLC, Respondents-Defendants-Respondents, ET AL., Respondents-Defendants.

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

Decided February 9, 2024.

Attorney(s) appearing for the Case

KNAUF SHAW LLP, ROCHESTER ( ALAN J. KNAUF OF COUNSEL), FOR PETITIONER-PLAINTIFF-APPELLANT.

JOSEPH H. LAFAY , TOWN ATTORNEY, FAIRPORT, FOR RESPONDENTS-DEFENDANTS-RESPONDENTS TOWN OF PERINTON, TOWN OF PERINTON ZONING BOARD OF APPEALS, AND MICHAEL DOSER, MPA, IN HIS CAPACITY AS TOWN OF PERINTON DIRECTOR OF PLANNING.

REFERMAT & DANIEL PLLC, ROCHESTER ( JOHN T. REFERMAT OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS BOARDWALK DESIGN, INC., AND CANAL HOUSE PROPERTIES, LLC.

PRESENT: WHALEN, P.J., BANNISTER, GREENWOOD, AND KEANE, JJ.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (Gail Donofrio, J.), entered September 22, 2022, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The judgment dismissed the petition-complaint.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum:

In this hybrid CPLR article 78 proceeding and declaratory judgment action, petitioner-plaintiff ...

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