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Brighton Grassroots, Llc v. Town Of Brighton Zoning Board Of Appeals, M&F, Llc, Daniele Spc, Llc, Mucca Mucca Llc, Daniele Management Llc, Mardanth Enterprises, Inc., Collectively Doing Business As The Daniele Family Companies
On January 15, 2019 a special proceedings - cplr article 78 case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Monroe County, NY. Judge John J Ark presiding.
Case Details
Case Number
Filing Date
January 15, 2019
Last Refreshed
October 10, 2023
Filing Location
Monroe County, NY
Filing Court House
Monroe County Supreme Court
Category
Special Proceedings - CPLR Article 78
Practice Area
Administrative
Matter Type
Agency Action
Overview
Causes of Action
1. PROCEDURAL BRIGHTON TOWN CODE VIOLATIONS
2. ARTICLE 78 PROCEEDING AGAINST THE ZBA (December 19, 2018 Denial)
3. OTHER ARBITRARY AND CAPRICIOUS ACTIONS
Parties
Plaintiffs
Brighton Grassroots, Llc
Attorneys for Plaintiffs
O'Toole, Bridget Ann
(THE ZOGHLIN GROUP, PLLC)
Zoghlin, Jacob Henry
Zoghlin, Mindy Lee
Defendants
Collectively Doing Business As The Daniele Family Companies
Daniele Management Llc
Daniele Spc, Llc
Mardanth Enterprises, Inc.
M&F, Llc
Mucca Mucca Llc
Town Of Brighton Zoning Board Of Appeals
Attorneys for Defendants
Mancuso, John Ahmed
Nutter, John Cobb
Rosenbaum, Warren B
Case Documents
LETTER/CORRESPONDENCE - SO ORDERED
Date: Mar 26, 2019
AFFIDAVIT OR AFFIRMATION IN REPLY (Motion 3)
Date: Mar 21, 2019
MEMORANDUM OF LAW IN REPLY (Motion 4)
Date: Mar 21, 2019
MEMORANDUM OF LAW IN SUPPORT (Motion 2)
Date: Mar 19, 2019
ORDER TO SHOW CAUSE (Motion 2)
Date: Mar 14, 2019
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion 4)
Date: Mar 12, 2019
MEMORANDUM OF LAW IN SUPPORT (Motion 4)
Date: Mar 12, 2019
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion 4)
Date: Mar 12, 2019
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion 4)
Date: Mar 12, 2019
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion 3)
Date: Mar 12, 2019
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion 3)
Date: Mar 12, 2019
MEMORANDUM OF LAW IN SUPPORT (Motion 2)
Date: Feb 19, 2019
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion 2)
Date: Feb 19, 2019
ORDER TO SHOW CAUSE ( PROPOSED ) (Motion 2)
Date: Feb 19, 2019
RJI -RE: NOTICE OF PETITION
Date: Jan 15, 2019
NOTICE OF PETITION (Motion 1)
Date: Jan 15, 2019
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
Date: Jan 15, 2019
PETITION
Date: Jan 15, 2019Case Events
| Date | Type | Description | |
|---|---|---|---|
| June 17, 2019 | Docket Event | CONSENT TO CHANGE ATTORNEY (POST RJI) | |
| March 26, 2019 | Docket Event |
LETTER/CORRESPONDENCE - SO ORDERED Correspondence So Ordered |
|
| March 21, 2019 | Docket Event | AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #3) | |
| March 21, 2019 | Docket Event | MEMORANDUM OF LAW IN REPLY (Motion #4) | |
| March 19, 2019 | Docket Event |
MEMORANDUM OF LAW IN SUPPORT (Motion #2) Brighton Grassroots' Reply Memorandum of Law in Support of its Motion for Temporary Restraining Orde |
|
| March 14, 2019 | Docket Event |
ORDER TO SHOW CAUSE (Motion #2) Order to Show Cause and Temporary Restraining Order |
|
| March 12, 2019 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #4) CORRECTED Doc #46 Danny J. Daniele Affidavit |
|
| March 12, 2019 | Docket Event |
EXHIBIT(S) - B (Motion #4) Relevant Code Sections |
|
| March 12, 2019 | Docket Event |
EXHIBIT(S) - A (Motion #4) Practice Commentary |
|
| March 12, 2019 | Docket Event |
MEMORANDUM OF LAW IN SUPPORT (Motion #4) and in Opposition to Petitioner/Plaintiff's Motion for TRO and Preliminary Injunction |
|
| March 12, 2019 | Docket Event |
EXHIBIT(S) - D (Motion #4) Court Judgment - BGR and SMA I |
|
| March 12, 2019 | Docket Event |
EXHIBIT(S) - C (Motion #4) Court Judgment - Clover/Allen's Creek Proceeding |
|
| March 12, 2019 | Docket Event |
EXHIBIT(S) - B (Motion #4) Spreadsheet Analysis |
|
| March 12, 2019 | Docket Event |
EXHIBIT(S) - A (Motion #4) Printouts of Construction Industry Publications |
|
| March 12, 2019 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #4) Danny J. Daniele and in Opposition to Petitioner/Plaintiff's Motion for Preliminary Injunction |
|
| March 12, 2019 | Docket Event |
EXHIBIT(S) - A (Motion #4) Pro Forma Statement |
|
| March 12, 2019 | Docket Event |
AFFIDAVIT (Motion #4) Janell B. Vanegas |
|
| March 12, 2019 | Docket Event |
EXHIBIT(S) - A (Motion #4) Judge Doyle's February 7, 2019 Decision in Injunction Motion |
|
| March 12, 2019 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #4) and in Opposition to Petitioner/Plaintiff's Motion for Preliminary Injunction |
|
| March 12, 2019 | Docket Event |
NOTICE OF CROSS-MOTION (Motion #4) Dismiss |
|
| March 12, 2019 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #3) Attorney Affirmation |
|
| March 12, 2019 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #3) DiStefano Affidavit |
|
| March 12, 2019 | Docket Event | NOTICE OF CROSS-MOTION (Motion #3) | |
| March 08, 2019 | Docket Event | AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #2) | |
| February 21, 2019 | Docket Event | COURT NOTICE (Motion #2) | |
| February 19, 2019 | Docket Event |
APPENDIX (Motion #2) Appendix B |
|
| February 19, 2019 | Docket Event |
APPENDIX (Motion #2) Appendix A |
|
| February 19, 2019 | Docket Event |
MEMORANDUM OF LAW IN SUPPORT (Motion #2) Memorandum of Law in Support of Application for Temporary Restraining Order and Preliminary Injuncti |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - N (Motion #2) Boehner Affidavit in Opposition to BGR 's Motion for Preliminary Injunction in BGR 1, BGR 2, and BGR |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - M (Motion #2) Transcript of April 5, 2017 ZBA meeting at which the Chef's Catering Appeal was considered. |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - L (Motion #2) The neighbors' Appeal / application for an appeal from Ramsey Boehner's interpretation of the Zoning |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - K (Motion #2) Transcript March 1, 2017 ZBA meeting at which the Chef's Catering Appeal was considered. |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - J (Motion #2) Chef's Catering Appeal /application for an appeal from Ramsey Boehner's interpretation of the zoning |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - I (Motion #2) January 3, 2017 Town Board Meeting Minutes, draft resolution 11 of 017, and a letter from Town Super |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - H (Motion #2) January 2, 2018 Town Board Meeting Minutes |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - G (Motion #2) January 2, 2019 TB agenda, a draft of Resolution 11 of 2019, and letter from the Town Supervisor reg |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - F (Motion #2) January 2, 2019 ZBA Meeting Transcript |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - E (Motion #2) January 2, 2019 ZBA Meeting Agenda |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - D (Motion #2) December 5, 2018 ZBA Meeting Transcript |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - C (Motion #2) December 5, 2018 ZBA Meeting Agenda |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - B (Motion #2) December 4, 2018 Email from R. DiStefano, Town of Brighton Town Planner and Town Zoning Board of App |
|
| February 19, 2019 | Docket Event |
EXHIBIT(S) - A (Motion #2) Cancelled check for filing fee to ZBA |
|
| February 19, 2019 | Docket Event | AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #2) | |
| February 19, 2019 | Docket Event |
ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #2) Order to Show Cause and Temporary Restraining Order |
|
| February 05, 2019 | Docket Event | NOTICE OF APPEARANCE (POST RJI) | |
| January 25, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1) Affidavit of Service to Town of Brighton Zoning Board of Appeals Jan 18 2019 |
|
| January 25, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1) Affidavit of Service to Mucca Mucca LLC Jan 18 2019 |
|
| January 25, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1) Affidavit of Service to Mardanth Enterprises, Inc. Jan 18 2019 |
|
| January 25, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1) Affidavit of Service to M&F, LLC Jan 18 2019 |
|
| January 25, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1) Affidavit of Service to Daniele Management Jan 18 2019 |
|
| January 25, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1) Affidavit of Service to Daniele, SPC Jan 18 2019 |
|
| January 24, 2019 | Docket Event | NOTICE OF APPEARANCE (POST RJI) | |
| January 15, 2019 | Docket Event | RJI -RE: NOTICE OF PETITION | |
| January 15, 2019 | Docket Event |
EXHIBIT(S) - 3 Letter from Harris Beach dated December 19, 2018 denying Brighton Grassroots ZBA Appeal |
|
| January 15, 2019 | Docket Event |
EXHIBIT(S) - 2 The Zoghlin Group's Letter dated December 3, 2018 to the ZBA transmitting and filing the ZBA Appeal |
|
| January 15, 2019 | Docket Event |
EXHIBIT(S) - 1 ZBA Appeal dated November 29, 2018 |
|
| January 15, 2019 | Docket Event |
NOTICE OF PETITION (Motion #1) Notice of Petition and Summons |
|
| January 15, 2019 | Docket Event |
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING Notice of Petition and Summons January 15, 2019 |
|
| January 15, 2019 | Docket Event |
PETITION Verified Petition and Complaint January 15, 2019 |
