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MATTER OF 16 MAIN STREET PROPERTY, LLC v. VILLAGE OF GENESEO

888 CA 22-01128.

2024 NY Slip Op 01450

IN THE MATTER OF 16 MAIN STREET PROPERTY, LLC, Petitioner-Plaintiff-Appellant, v. VILLAGE OF GENESEO, VILLAGE OF GENESEO ZONING BOARD OF APPEALS AND CRAIG WADSWORTH, IN HIS CAPACITY AS CODE ENFORCEMENT OFFICER OF VILLAGE OF GENESEO, Respondents-Defendants-Respondents.

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

Decided March 15, 2024.

Attorney(s) appearing for the Case

BOND, SCHOENECK & KING, PLLC, BUFFALO ( CHARLES D. GRIECO OF COUNSEL), FOR PETITIONER-PLAINTIFF-APPELLANT.

UNDERBERG & KESSLER LLP, ROCHESTER ( MATTHEW M. SIMMONDS OF COUNSEL), FOR RESPONDENTS—DEFENDANTS-RESPONDENTS.

PRESENT: LINDLEY, J.P., CURRAN, MONTOUR, OGDEN, AND NOWAK, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Livingston County (Kevin Van Allen, A.J.), entered June 27, 2022, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The judgment, inter alia, dismissed the amended petition-complaint.

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by denying the motion in part, reinstating the fifth cause of action, and granting judgment in favor...

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