Matter of Citizens Organized to Protect the Envt. v Planning Bd. of Town of Irondequoit
2008 NY Slip Op 03730 [50 AD3d 1462]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


In the Matter of Citizens Organized to Protect the Environment, by its Members, Robert Brinkman and Another, Appellant, v Planning Board of the Town of Irondequoit et al., Respondents. (Appeal No. 2.)

—[*1] Phillips Lytle LLP, Rochester (Alan J. Bozer of counsel), for petitioner-appellant.

Harris, Chesworth, O'Brien, Johnstone, Welch & Leone, LLP, Rochester (Michael P. Leone of counsel), for respondent-respondent Planning Board of the Town of Irondequoit.

Harris Beach PLLC, Pittsford (Douglas A. Foss of counsel), for respondent-respondent Karla V. Gerrie.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered June 5, 2007 in a proceeding pursuant to CPLR article 78. The order denied the motion of Robert Brinkman and Christina Brinkman for permission to intervene.

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

Same memorandum as in Matter of Citizens Organized to Protect the Envt. v Planning Bd. of Town of Irondequoit (50 AD3d 1460 [2008]). Present—Scudder, P.J., Martoche, Centra, Fahey and Peradotto, JJ.