Matter of Brighton Grassroots, LLC v New York State Dept. of Transp.
2022 NY Slip Op 05406 [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
New York State Department of Transportation et al., Respondents, and M&F, LLC, et al., Collectively Doing Business as Daniele Family Companies, Respondents. (Appeal No. 4.)

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

Woods Oviatt Gilman LLP, Rochester (Warren B. Rosenbaum of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered September 22, 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.