Matter of Brighton Grassroots, LLC v Town of Brighton Planning Bd.
2022 NY Slip Op 01651 [203 AD3d 1577]
March 11, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 4, 2022


[*1]
 In the Matter of Brighton Grassroots, LLC, Appellant,
v
Town of Brighton Planning Board et al., Respondents, et al., Respondents/Defendants.

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

Weaver Mancuso Brightman PLLC, Rochester (John A. Mancuso of counsel), for respondents/defendants-respondents Town of Brighton Planning Board and others.

Woods Oviatt Gilman LLP, Rochester (John C. Nutter of counsel), for respondents/defendants-respondents M&F, LLC, and others, Collectively Doing Business as Daniele Family Companies.

Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered February 4, 2021. Petitioner/plaintiff "appeals from that part of the . . . [o]rder that did not enjoin the Town of Brighton from issuing any more permits/certificates until the traffic mitigation measures were complete."

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see e.g. Matter of Hool v Collins, 34 NY2d 617, 617 [1974]; Matter of Samantha WW. v Gerald XX., 107 AD3d 1313, 1315 [3d Dept 2013]; Matter of Harper v Fischer, 67 AD3d 1279, 1280 n [3d Dept 2009]). Present—Whalen, P.J., Centra, Peradotto, NeMoyer and Winslow, JJ.