| BRIGHTON GRASSROOTS, LLC V TOWN OF BRIGHTON PLANNING BOARD, TOWN OF BRIGHTON TOWN BOARD, AND TOWN OF BRIGHTON, M & F |
| Motion No: CA 21-00346 |
| Slip Opinion No: 2022 NY Slip Op 61024(U) |
| Decided on January 6, 2022 |
| 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. |
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, NEMOYER JJ.
CA 21-00346
| BRIGHTON GRASSROOTS, LLC,
PLAINTIFF-APPELLANT, V TOWN OF BRIGHTON PLANNING BOARD, TOWN OF BRIGHTON TOWN BOARD, AND TOWN OF BRIGHTON, M &
F, LLC,DANIELE SPC, LLC, MUCCA MUCCA LLC, MARDANTH ENTERPRISES, INC., AND DANIELE MANAGEMENT, LLC, COLLECTIVELY DOING BUSINESS AS
DANIELE FAMILY COMPANIES, DEFENDANTS-RESPONDENTS. ET AL., DEFENDANTS.
|
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court, Monroe County, entered February 4, 2021, on the ground that the appeal is moot or, in the alternative, respondents Town of Brighton Planning Board, Town of Brighton Town Board, and Town of Brighton move for an extension of time to file a responding brief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motions to dismiss the appeal as moot are denied without prejudice and leave to renew any arguments in support of or in opposition to the contention that the appeal is moot in the parties' briefs that remain outstanding and at oral argument, and
It is further ORDERED that the time for respondents Town of Brighton Planning Board, Town of Brighton Town Board, and Town of Brighton to file and serve a respondent's brief in accordance with this Court's rules is extended to January 14, 2022.
Entered: January 6, 2022
Ann Dillon Flynn
Clerk of the Court