| Matter of Atlas Henrietta, LLC v Town of Henrietta Zoning Bd. of Appeals |
| 2014 NY Slip Op 06472 [120 AD3d 1606] |
| September 26, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Atlas Henrietta, LLC, et al., Appellants, v Town of Henrietta Zoning Board of Appeals et al., Respondents. |
Woods Oviatt Gilman, LLP, Rochester (Reuben Ortenberg of counsel), for petitioners-plaintiffs-appellants.
Daniel J. Mastrella, Rochester, for respondents-defendants-respondents.
Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered April 9, 2013 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment, among other things, denied the first, second and fourth causes of action and dismissed the third cause of action.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Fahey, Whalen and DeJoseph, JJ. [Prior Case History: 2013 NY Slip Op 23473.]