Matter of Save Monroe Ave., Inc. v Town of Brighton
2022 NY Slip Op 05411 [208 AD3d 1596]
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 et al., Respondents. (Appeal No. 9.)

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

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

Woods Oviatt Gilman LLP, Rochester (Warren B. Rosenbaum of counsel), for respondents-respondents Daniele SPC, LLC, and others.

Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered September 8, 2021. The order denied the motion of petitioners 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.