PRESENT: WHALEN, P.J., BANNISTER, MONTOUR, AND GREENWOOD, JJ.

CA 22-00887

IN THE MATTER OF BRIGHTON GRASSROOTS, LLC, PETITIONER-APPELLANT, V TOWN OF BRIGHTON ZONING BOARD OF APPEALS, TOWN OF BRIGHTON OFFICE OF BUILDING INSPECTOR, TOWN OF BRIGHTON, M & F, LLC, DANIELE SPC, LLC, MUCCA MUCCA, LLC, MARDANTH ENTERPRISES, INC., AND DANIELE MANAGEMENT, LLC, COLLECTIVELY DOING BUSINESS AS DANIELE FAMILY COMPANIES, RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 1.) 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 STEVE M. DEPERRIOR, PETITIONERS-APPELLANTS, V TOWN OF BRIGHTON 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 MANAGEMENT, LLC, COLLECTIVELY DOING BUSINESS AS DANIELE FAMILY COMPANIES, DANIELE SPC, LLC, MUCCA MUCCA, LLC, MARDANTH ENTERPRISES, INC., AND M & F, LLC, RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 2.)

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 an order of the Supreme Court, Monroe County, entered May 6, 2022, on the ground that the appeals are moot, or for other relief,

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 with leave to renew any arguments at oral argument.

Entered: June 13, 2023

Ann Dillon Flynn

Clerk of the Court