Matter of Save Monroe Ave., Inc. v Town of Brighton
2023 NY Slip Op 05923 [221 AD3d 1597]
November 17, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 10, 2024


[*1]
 In the Matter of Save Monroe Ave., Inc., et al., Appellants,
v
Town of Brighton et al., Respondents, et al., Respondents/Defendants.

Hodgson Russ LLP, Buffalo (Charles W. Malcomb of counsel), for petitioners/plaintiffs-appellants.

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

Woods Oviatt Gilman LLP, Rochester (John C. Nutter of counsel), for respondents/defendants-respondents Daniele Management, LLC, and others.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered November 9, 2022, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The judgment dismissed the petition/complaint.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Bannister, J.P., Ogden, Greenwood and DelConte, JJ.