Matter of Obsession Bar & Grill, Inc. v Zoning Bd. of Appeals of City of Rochester
2014 NY Slip Op 04389 [118 AD3d 1366]
June 13, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 30, 2014


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 In the Matter of Obsession Bar and Grill, Inc., et al., Respondents, v Zoning Board of Appeals of City of Rochester et al., Appellants.

Robert J. Bergin, Corporation Counsel, Rochester (Sara L. Valencia of counsel), for respondents-appellants.

Santiago Burger Annechino LLP, Rochester (Michael A. Burger of counsel), for petitioners-respondents.

Appeal from an amended judgment and order (one paper) of the Supreme Court, Monroe County (John J. Ark, J.), entered February 26, 2013. The amended judgment and order, among other things, determined that the decision of respondent Zoning Board of Appeals of City of Rochester limiting the weekday closing hours of petitioner Obsession Bar and Grill, Inc. is null and void.

It is hereby ordered that the amended judgment and order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Smith, J.P., Fahey, Peradotto, Sconiers and Valentino, JJ.