LEGACY AT FAIRWAYS TOWNHOMES, LLC v. PLANNING BOARD OF TOWN OF VICTOR

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1064 CA 12-02241 PRESENT: SCUDDER, P.J., SMITH, FAHEY, SCONIERS, AND VALENTINO, JJ.

IN THE MATTER OF LEGACY AT FAIRWAYS TOWNHOMES, LLC, US HOMES CO., INC. AND MARK IV CONSTRUCTION, INC., PETITIONERS-RESPONDENTS, V MEMORANDUM AND ORDER PLANNING BOARD OF TOWN OF VICTOR, RESPONDENT-APPELLANT. (APPEAL NO. 2.)

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.

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.

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