Rochester Eastside Residents for Appropriate Dev., Inc. v. City of Rochester

Full title: ROCHESTER EASTSIDE RESIDENTS FOR APPROPRIATE DEVELOPMENT, INC., AND…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 5, 2016

2016 N.Y. Slip Op. 93689 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-01413

12-05-2016

ROCHESTER EASTSIDE RESIDENTS FOR APPROPRIATE DEVELOPMENT, INC., AND IGATOPSFY, LLC, PETITIONERS-APPELLANTS, v. CITY OF ROCHESTER, CITY OF ROCHESTER ZONING BOARD OF APPEALS, ROCHESTER CITY PLANNING COMMISSION, CITY OF ROCHESTER DIRECTOR OF PLANNING AND ZONING, STEVE CLEASON, ALDI, INC., CRLYN ACQUISITIONS, LLC, CBL, LLC, ET AL., RESPONDENTS-RESPONDENTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Aldi, Inc., CRLYN Acquistions, LLC, and CBL, LLC having moved to expedite the appeal taken herein from a judgment of Supreme Court entered in the Office of the Clerk of the County of Monroe on May 24, 2016,

Now, upon reading and filing the affidavit of Reuben Ortenberg, Esq., sworn to November 17, 2016, the affidavit of Robert Fallone sworn to November 17, 2016, the affidavit of Lew Kibling sworn to November 16, 2016, and the notice of motion with proof of service thereof, and the affirmation of Alan J. Knauf, Esq., dated November 25, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: December 5, 2016

Frances E. Cafarell, Clerk