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BRUCKEL v. TOWN OF CONESUS

1048 CA 21-00202.

201 A.D.3d 1344 (2022)

158 N.Y.S.3d 713

2022 NY Slip Op 00580

Thomas Bruckel et al., Respondents, v. Town of Conesus et al., Respondents/Defendants, and Carl Myers Enterprises, Inc., Appellant. (Proceeding No. 1.) Thomas Bruckel et al., Respondents, v. Town of Conesus et al., Respondents/Defendants, and Carl Myers Enterprises, Inc., Appellant. (Proceeding No. 2.).

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

Decided January 28, 2022.

Attorney(s) appearing for the Case

WEAVER MANCUSO BRIGHTMAN PLLC, ROCHESTER (JOHN A. MANCUSO OF COUNSEL), FOR RESPONDENT-DEFENDANT-APPELLANT.

KNAUF SHAW LLP, ROCHESTER (JONATHAN R. TANTILLO OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-RESPONDENTS.

Present—Smith, J.P., Carni, Lindley, NeMoyer and Curran, JJ.

It is hereby ordered that the judgment so appealed from is unanimously vacated on the law and in the exercise of discretion without costs and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: In these hybrid CPLR article 78 proceedings and actions for declaratory judgment and money damages, respondent/defendant Carl Myers Enterprises, Inc. (CME) appeals from a judgment that, inter alia, annulled a...

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