Brighton Grassroots, LLC v Town of Brighton Zoning Bd. of Appeals
2021 NY Slip Op 05214 [198 AD3d 1319]
October 1, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 1, 2021


[*1]
 Brighton Grassroots, LLC, Appellant,
v
Town of Brighton Zoning Board of Appeals et al., Respondents.

The Zoghlin Group, PLLC, Rochester (Jacob H. Zoghlin of counsel), for petitioner/plaintiff-appellant.

Weaver Mancuso Brightman PLLC, Rochester (John A. Mancuso of counsel), for respondent/defendant-respondent Town of Brighton Zoning Board of Appeals.

Woods Oviatt Gilman LLP, Rochester (Warren B. Rosenbaum of counsel), for respondents/defendants-respondents M&F, LLC, and others, collectively doing business as the Daniele Family Companies.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered February 8, 2021, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The judgment denied the motion of petitioner/plaintiff for a preliminary injunction, and granted the cross motions of respondents/defendants to dismiss the petition/complaint.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.