Matter of Obsession Bar & Grill, Inc. v Zoning Bd. of Appeals of City of Rochester & City of Rochester

Matter of Matter of Obsession Bar & Grill, Inc. v Zoning Bd. of Appeals of City of Rochester & City of Rochester 2014 NY Slip Op 04389 Decided on June 13, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 13, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, PERADOTTO, SCONIERS, AND VALENTINO, JJ.
782 CA 13-02124

[*1]IN THE MATTER OF OBSESSION BAR AND GRILL, INC. AND JOAN ORTIZ, PETITIONERS-RESPONDENTS,

v

ZONING BOARD OF APPEALS OF CITY OF ROCHESTER AND CITY OF ROCHESTER, RESPONDENTS-APPELLANTS.

Appeal from an amended judgment and order (one paper) of the Supreme Court, Monroe County (John J. Ark, J.), entered February 26, 2013. The amended judgment and order, among other things, determined that the decision of respondent Zoning Board of Appeals of City of Rochester limiting the weekday closing hours of petitioner Obsession Bar and Grill, Inc. is null and void.

ROBERT J. BERGIN, CORPORATION COUNSEL, ROCHESTER (SARA L. VALENCIA OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

SANTIAGO BURGER ANNECHINO LLP, ROCHESTER (MICHAEL A. BURGER OF COUNSEL), FOR PETITIONERS-RESPONDENTS.

It is hereby ORDERED that the amended judgment and order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: June 13, 2014

Frances E. Cafarell

Clerk of the Court