Appellate Division of the Supreme Court of New York, 2025

Matter of Friends of St. Thomas The Apostle v. Town of Irondequoit Zoning Bd. of Appeals

Matter of Friends of St. Thomas The Apostle v. Town of Irondequoit Zoning Bd. of Appeals
Appellate Division of the Supreme Court of New York · Decided December 23, 2025
Matter of Friends of St. Thomas The Apostle v. Town of Irondequoit Zoning Bd. of Appeals

Opinion

Matter of Friends of St. Thomas The Apostle v Town of Irondequoit Zoning Bd. of Appeals (2025 NY Slip Op 07183)

Matter of Friends of St. Thomas The Apostle v Town of Irondequoit Zoning Bd. of Appeals
2025 NY Slip Op 07183
Decided on December 23, 2025
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 December 23, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: LINDLEY, J.P., BANNISTER, GREENWOOD, NOWAK, AND HANNAH, JJ.

925 CA 24-01234

[*1]IN THE MATTER OF FRIENDS OF ST. THOMAS THE APOSTLE, ET AL., PETITIONERS-APPELLANTS,

v

TOWN OF IRONDEQUOIT ZONING BOARD OF APPEALS, 43 NORTH REAL ESTATE, LLC, ST. KATERI TEKAKWITHA PARISH, DIOCESE OF ROCHESTER, ST. THOMAS THE APOSTLE ROMAN CATHOLIC CHURCH OF IRONDEQUOIT, ST. THOMAS CHURCH OF IRONDEQUOIT, RESPONDENTS-RESPONDENTS, ET AL., RESPONDENTS.




UNDERBERG & KESSLER LLP, ROCHESTER (JACOB H. ZOGHLIN OF COUNSEL), FOR PETITIONERS-APPELLANTS.

NIXON PEABODY LLP, VICTOR (ERIC M. FERRANTE OF COUNSEL), HARRIS BEACH MURTHA CULLINA PLLC, PITTSFORD, AND DAVIDSON FINK LLP, FOR RESPONDENTS-RESPONDENTS.



Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (Sam L. Valleriani, J.), entered July 2, 2024, in a proceeding pursuant to CPLR article 78. The judgment, among other things, dismissed the petition.

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: December 23, 2025

Ann Dillon Flynn

Clerk of the Court



Case-law data current through December 31, 2025. Source: CourtListener bulk data.