Matter of Legacy At Fairways Townhomes, LLC v Planning Bd. of Town of Victor
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Matter of Legacy At Fairways Townhomes, LLC v Planning Bd. of Town of Victor
2013 NY Slip Op 08680
Released on December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, FAHEY, SCONIERS, AND VALENTINO, JJ.
1064 CA 12-02241
[*1]IN THE MATTER OF LEGACY AT FAIRWAYS TOWNHOMES, LLC, US HOMES CO., INC. AND MARK IV CONSTRUCTION, INC., PETITIONERS-RESPONDENTS,
v
PLANNING BOARD OF TOWN OF VICTOR, RESPONDENT-APPELLANT. (APPEAL NO. 2.)
Appeal from a judgment (denominated decision, judgment and order) of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered October 24, 2012 in a CPLR article 78 proceeding. The judgment, inter alia, granted the petition.
THE WOLFORD LAW FIRM LLP, ROCHESTER (MICHAEL R. WOLFORD OF COUNSEL), FOR RESPONDENT-APPELLANT.
ADAMS BELL ADAMS, P.C., ROCHESTER (ANTHONY J. ADAMS, JR., OF COUNSEL), FOR PETITIONERS-RESPONDENTS.
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.
Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, FAHEY, SCONIERS, AND VALENTINO, JJ.
1064 CA 12-02241
[*1]IN THE MATTER OF LEGACY AT FAIRWAYS TOWNHOMES, LLC, US HOMES CO., INC. AND MARK IV CONSTRUCTION, INC., PETITIONERS-RESPONDENTS,
v
PLANNING BOARD OF TOWN OF VICTOR, RESPONDENT-APPELLANT. (APPEAL NO. 2.)
Appeal from a judgment (denominated decision, judgment and order) of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered October 24, 2012 in a CPLR article 78 proceeding. The judgment, inter alia, granted the petition.
THE WOLFORD LAW FIRM LLP, ROCHESTER (MICHAEL R. WOLFORD OF COUNSEL), FOR RESPONDENT-APPELLANT.
ADAMS BELL ADAMS, P.C., ROCHESTER (ANTHONY J. ADAMS, JR., OF COUNSEL), FOR PETITIONERS-RESPONDENTS.
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.
Same Memorandum as in Matter of Legacy at Fairways, LLC v Planning Bd. of Town of Victor ([appeal No. 1] ___ AD3d ___ [Dec. 27, 2013]).
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court
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