Matter of Atlas Henrietta, LLC v Town of Henrietta Zoning Bd. of Appeals

Matter of Atlas Henrietta, LLC v Town of Henrietta Zoning Bd. of Appeals 2014 NY Slip Op 06472 Decided on September 26, 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 September 26, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, WHALEN, AND DEJOSEPH, JJ.
1019 CA 13-01922

[*1]IN THE MATTER OF ATLAS HENRIETTA, LLC, ATLAS INCOME HOUSING, INC. AND ATLAS CORNHILL, INC., PETITIONERS-PLAINTIFFS-APPELLANTS,

v

TOWN OF HENRIETTA ZONING BOARD OF APPEALS AND TOWN OF HENRIETTA, RESPONDENTS-DEFENDANTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered April 9, 2013 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment, among other things, denied the first, second and fourth causes of action and dismissed the third cause of action.

WOODS OVIATT GILMAN, LLP, ROCHESTER (REUBEN ORTENBERG OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS.

DANIEL J. MASTRELLA, ROCHESTER, FOR RESPONDENTS-DEFENDANTS-RESPONDENTS.

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

Entered: September 26, 2014

Frances E. Cafarell

Clerk of the Court