Matter of Brighton Grassroots, LLC v Town of Brighton Zoning Bd. of Appeals
2022 NY Slip Op 05404 [208 AD3d 1594]
September 30, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2022


[*1]
 In the Matter of Brighton Grassroots, LLC, Appellant,
v
Town of Brighton Zoning Board of Appeals et al., Respondents, et al., Respondents. (Appeal No. 2.)

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

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

Woods Oviatt Gilman LLP, Rochester (Warren B. Rosenbaum of counsel), for respondents-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 September 21, 2021. The order denied the motion of petitioner for a preliminary injunction.

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

Same memorandum as in Matter of Brighton Grassroots, LLC v Town of Brighton Planning Bd. ([appeal No. 1] 208 AD3d 1593 [4th Dept 2022]). Present—Whalen, P.J., Centra, Peradotto and NeMoyer, JJ.