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MATTER OF BRIGHTON GRASSROOTS, LLC v. TOWN OF BRIGHTON PLANNING BD.

608 CA 21-01357.

208 A.D.3d 1593 (2022)

174 N.Y.S.3d 644

2022 NY Slip Op 05403

In the Matter of Brighton Grassroots, LLC, Appellant, v. Town of Brighton Planning Board et al., Respondents, et al., Respondents/Defendants. (Appeal No. 1.)

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

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

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

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

Present—Whalen, P.J., Centra, Peradotto and NeMoyer, JJ.

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

Memorandum: Petitioners and petitioners/plaintiffs (collectively, petitioners) commenced these related proceedings and hybrid CPLR article 78 proceedings and declaratory judgment actions to challenge the construction of a retail plaza on Monroe Avenue in the Town of Brighton. In these consolidated appeals, petitioners each appeal...

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