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MATTER OF 1640 STATE RTE. 104, LLC v. TOWN OF ONTARIO PLANNING BD.

212 CA 21-00064.

207 A.D.3d 1101 (2022)

172 N.Y.S.3d 292

2022 NY Slip Op 04441

In the Matter of 1640 State Route 104, LLC, et al., Appellants, v. Town of Ontario Planning Board et al., Respondents.

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

BOYLAN CODE, LLP, ROCHESTER (ROBERT J. MARKS OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS.

ANTHONY J. VILLANI, P.C., LYONS (ANTHONY J. VILLANI OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS.

Present— Peradotto, J.P., Lindley, Curran, Winslow and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reinstating and granting the amended petition/complaint insofar as it sought to annul the determination of respondent/defendant Town of Ontario Planning Board to repeal and delete condition No. 2 of the November 14, 2018 Town of Ontario Planning Board resolution and as modified the judgment is affirmed without costs.

Memorandum: Petitioner/plaintiff Aaron Preston owns petitioner...

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