IN RE: BRIGHTON GRASSROOTS (2023)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: 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., Daniele Management, LLC, Collectively Doing Business as Daniele Family Companies, Respondents-Respondents, et al., Respondents. (Appeal No. 5.)

522 Decided: June 09, 2023

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

THE ZOGHLIN GROUP, PLLC, ROCHESTER (MINDY L. ZOGHLIN OF COUNSEL), FOR PETITIONER-APPELLANT. WEAVER MANCUSO BRIGHTMAN PLLC, ROCHESTER (JOHN A. MANCUSO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS TOWN OF BRIGHTON ZONING BOARD OF APPEALS, TOWN OF BRIGHTON OFFICE OF BUILDING INSPECTOR, AND TOWN OF BRIGHTON. WOODS OVIATT GILMAN LLP, ROCHESTER (JOHN C. NUTTER OF COUNSEL), FOR RESPONDENTS-RESPONDENTS M&F, LLC, DANIELE SPC, LLC, MUCCA MUCCA LLC, MARDANTH ENTERPRISES, INC., AND DANIELE MANAGEMENT, LLC, COLLECTIVELY DOING BUSINESS AS DANIELE FAMILY COMPANIES.

ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs (see Matter of Save Monroe Ave., Inc. v Town of Brighton [appeal No. 1], ––– A.D.3d –––– [June 9, 2023] [4th Dept. 2023]).

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