| IN THE MATTER OF SAVE MONROE AVE., INC., 2900 MONROE AVENUE, LLC, CLIFFORDS OF PITTSFORD, L.P., ELEXCO LAND SERVICES |
| Motion No: CA 22-00164 |
| Slip Opinion No: 2023 NY Slip Op 61466(U) |
| Decided on January 31, 2023 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., PERADOTTO, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 22-00164
| IN THE MATTER OF SAVE MONROE AVE., INC., 2900
MONROE AVENUE, LLC, CLIFFORDS OF PITTSFORD, L.P., ELEXCO LAND SERVICES, INC., JULIA D. KOPP, MARK BOYLAN, ANNE
BOYLAN, AND STEVEN DEPERRIOR, PETITIONERS-APPELLANTS, V TOWN OF BRIGHTON, NEW YORK OFFICE OF THE
BUILDING INSPECTOR, RAMSEY BOEHNER, IN HIS CAPACITY AS BUILDING INSPECTOR, TOWN OF BRIGHTON, NEW YORK ZONING
BOARD OF APPEALS, TOWN OF BRIGHTON, DANIELE MANAGMENT, LLC, DANIELE SPC, LLC, MUCCA MUCCA, LLC, MARDANTH ENTERPRISES,
INC., AND M & F LLC, RESPONDENTS-RESPONDENTS. |
Respondents M & F LLC, Daniele SPC, LLC, Mucca Mucca LLC, Mardanth Enterprises, Inc., and Daniele Management, LLC having moved to dismiss in part the appeal taken herein from an order of the Supreme Court, Monroe County, entered January 3, 2022, on the ground that the appeal is moot,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice with leave to renew any arguments in support of or in opposition to the motion at oral argument.
Entered: January 31, 2023
Ann Dillon Flynn
Clerk of the Court