ROCHESTER EASTSIDE RESIDENTS FOR APPROPRIATE DEVELOPMENT, INC., AND IGATOPSFY, LLC V CITY OF ROCHESTER, CITY OF

ROCHESTER EASTSIDE RESIDENTS FOR APPROPRIATE DEVELOPMENT, INC., AND IGATOPSFY, LLC V CITY OF ROCHESTER, CITY OF

Motion No: CA 16-01413

Slip Opinion No: 2016 NY Slip Op 93689(U)

Decided on December 5, 2016

Appellate Division, Fourth Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

December 5, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-01413

ROCHESTER EASTSIDE RESIDENTS FOR APPROPRIATE DEVELOPMENT,
INC., AND IGATOPSFY, LLC, PETITIONERS-APPELLANTS,
V
CITY OF ROCHESTER, CITY OF ROCHESTER ZONING BOARD OF
APPEALS, ROCHESTER CITY PLANNING COMMISSION, CITY OF
ROCHESTER DIRECTOR OF PLANNING AND ZONING, STEVE CLEASON,
ALDI, INC., CRLYN ACQUISITIONS, LLC, CBL, LLC, ET AL.,
RESPONDENTS-RESPONDENTS.

Aldi, Inc., CRLYN Acquistions, LLC, and CBL, LLC having moved to expedite the appeal taken herein from a judgment of Supreme Court entered in the Office of the Clerk of the County of Monroe on May 24, 2016,

Now, upon reading and filing the affidavit of Reuben Ortenberg, Esq., sworn to November 17, 2016, the affidavit of Robert Fallone sworn to November 17, 2016, the affidavit of Lew Kibling sworn to November 16, 2016, and the notice of motion with proof of service thereof, and the affirmation of Alan J. Knauf, Esq., dated November 25, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: December 5, 2016

Frances E. Cafarell, Clerk