Matter of Save Monroe Ave., Inc. v Town of Brighton Planning Bd.
2022 NY Slip Op 05409 [208 AD3d 1595]
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 Save Monroe Ave., Inc., et al., Appellants,
v
Town of Brighton Planning Board et al., Respondents, et al., Respondents/Defendants. (Appeal No. 7.)

Hodgson Russ LLP, Buffalo (Aaron M. Saykin of counsel), for petitioners/plaintiffs-appellants.

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 (Warren B. Rosenbaum of counsel), for respondents/defendants-respondents Daniele Management and others.

Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered September 9, 2021. The order denied the motion of petitioners-plaintiffs 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.