| IN THE MATTER OF SAVE MONROE AVE., INC., 2900 MONROE AVE., LLC, CLIFFORDS OF PITTSFORD, L.P., ELEXCO LAND SERVICES |
| Motion No: CA 22-00529, CA 22-00537, CA 22-00538 AND CA 22-00552 |
| Slip Opinion No: 2023 NY Slip Op 67164(U) |
| Decided on May 17, 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, BANNISTER, MONTOUR, AND GREENWOOD, JJ.
CA 22-00529, CA 22-00537, CA 22-00538 AND CA 22-00552
| IN THE MATTER OF SAVE MONROE AVE., INC., 2900 MONROE
AVE., LLC, CLIFFORDS OF PITTSFORD, L.P., ELEXCO LAND SERVICES, INC., JULIA D. KOPP, MARK BOYLAN, ANNE BOYLAN AND STEVEN
M. 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 ZONING BOARD OF APPEALS, DANIELE MANAGEMENT, LLC,
DANIELE SPC, LLC, MUCCA MUCCA, LLC, MARDANTH ENTERPRISES, INC., AND M & F LLC, RESPONDENTS-RESPONDENTS. (APPEAL NO.
1.) (AND THREE OTHER APPEALS) |
Respondents M & F LLC, Daniele SPC, LLC, Mucca Mucca LLC, Mardanth Enterprises, Inc., and Daniele Management, LLC having moved to dismiss the appeals taken herein from orders of the Supreme Court, Monroe County, entered March 24, 2022, March 9, 2022, March 4, 2022, and March 24, 2022, on the ground that the appeals are 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: May 17, 2023
Ann Dillon Flynn
Clerk of the Court