Matter of Basset Group, Inc. v Town of Greece Town Bd.
2012 NY Slip Op 04514 [96 AD3d 1427]
June 8, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


In the Matter of Basset Group, Inc., et al., Appellants, v Town of Greece Town Board et al., Respondents.

—[*1] Phillips Lytle LLP, Rochester (Mark J. Moretti of counsel), for petitioners-appellants.

Raymond S. Diraddo, Town Attorney, Rochester, for respondent-respondent Town of Greece Town Board.

Nixon Peabody LLP, Rochester (Christopher D. Thomas of counsel), for respondent-respondent 4320 West Ridge, LLC.

Appeal from a judgment of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered August 4, 2011. The judgment declared that the June 15, 2010 resolution of respondent Town of Greece Town Board does not violate Town Law § 272-a (11) and is not inconsistent with the Town's master plan and denied and dismissed the petition.

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, Peradotto, Carni and Sconiers, JJ.