ATLAS HENRIETTA, LLC v. TOWN OF HENRIETTA ZONING BOARD OF A

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1019 CA 13-01922 PRESENT: CENTRA, J.P., FAHEY, WHALEN, AND DEJOSEPH, JJ.

IN THE MATTER OF ATLAS HENRIETTA, LLC, ATLAS INCOME HOUSING, INC. AND ATLAS CORNHILL, INC., PETITIONERS-PLAINTIFFS-APPELLANTS, V ORDER TOWN OF HENRIETTA ZONING BOARD OF APPEALS AND TOWN OF HENRIETTA, RESPONDENTS-DEFENDANTS-RESPONDENTS.

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

DANIEL J. MASTRELLA, ROCHESTER, FOR 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.

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