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In the Matter of Basset Group, Inc., Basset Family, LLC, Charles Lissow and Lakeside Builders and Developers, Inc., Petitioners-Appellants v. Town of Greece Town Board and 4320 West Ridge

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 8, 2012

IN THE MATTER OF BASSET GROUP, INC., BASSET FAMILY, LLC, CHARLES LISSOW AND LAKESIDE BUILDERS AND DEVELOPERS, INC., PETITIONERS-APPELLANTS,
v.
TOWN OF GREECE TOWN BOARD AND 4320 WEST RIDGE, LLC, RESPONDENTS-RESPONDENTS.

Appeal from a judgment of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered August 4, 2011.

Matter of Matter of Basset Group, Inc. v Town of Greece Town Bd.

Decided on June 8, 2012

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.

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.

The judgment declared that the June 15, 2010 resolution of respondent Town of Greece Town Board does not violate Town Law § 272-a (11) and is not inconsistent with the Town's master plan and denied and dismissed the petition.

PHILLIPS LYTLE LLP, ROCHESTER (MARK J. MORETTI OF COUNSEL), FOR PETITIONERS-APPELLANTS. RAYMOND S. DIRADDO, TOWN ATTORNEY, ROCHESTER, FOR RESPONDENT-RESPONDENT TOWN OF GREECE TOWN BOARD. NIXON PEABODY LLP, ROCHESTER (CHRISTOPHER D. THOMAS OF COUNSEL), FOR RESPONDENT-RESPONDENT 4320 WEST RIDGE, LLC.

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: June 8, 2012

Frances E. Cafarell Clerk of the Court

20120608

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