IN THE MATTER OF SAVE MONROE AVE., INC., 2900 MONROE AVE., LLC, CLIFFORDS OF PITTSFORD, L.P., ELEXCO LAND SERVICES
Motion No: CA 19-00292
Slip Opinion No: 2019 NY Slip Op 74996(U)
Decided on July 10, 2019
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.


July 10, 2019

PRESENT: CENTRA, J.P., CARNI, NEMOYER, TROUTMAN, AND WINSLOW, JJ.

CA 19-00292

IN THE MATTER OF SAVE MONROE AVE., INC., 2900 MONROE AVE.,

LLC, CLIFFORDS OF PITTSFORD, L.P., ELEXCO LAND SERVICES,

INC., JULIA D. KOPP, MARK BOYLAN, ANNE BOYLAN AND STEVEN M.

DEPERRIOR, PETITIONERS-APPELLANTS,

V

TOWN OF BRIGHTON, TOWN BOARD OF TOWN OF BRIGHTON, TOWN OF

BRIGHTON PLANNING BOARD, DANIELE MANAGEMENT, LLC, DANIELE

SPC, LLC, MUCCA MUCCA, LLC, MARDANTH ENTERPRISES, INC.,

M & F, LLC, THE DANIELE FAMILY COMPANIES,

RESPONDENTS-RESPONDENTS,

ET AL., RESPONDENTS.


Respondents having moved to adjourn oral argument of the appeal taken herein from a judgment (denominated order and judgment)of the Supreme Court, Monroe County, entered February 7, 2019, and for the appeal to be heard on the same day as Brighton Grassroots LLC v Town of Brighton (CA 19-00576), and for an extension of time to file and serve their respondents' brief, and petitioners having cross-moved for the appeals to be argued separately and for other relief,

Now, upon reading and filing the papers with respect to the motions and cross motion, and due deliberation having been had thereon,

It is hereby ORDERED that respondents' motions are granted, and the appeal is removed from the Court's day calendar for September 11, 2019, and is added to the term of this Court commencing October 15, 2019, to be argued on the same day as Brighton Grassroots LLC v Town of Brighton (CA 19-00576), and

It is further ORDERED that respondents time to file and serve briefs is extended to August 5, 2019, and

It is further ORDERED that petitioner's cross motion is denied.

Entered: July 10, 2019

Mark W. Bennett

Clerk of the Court