Appellate Division of the Supreme Court of the State of New York December 27, 2013, Appeal No. 2 (Legacy at Fairways Townhomes, LLC v. Planning Board of Town of Victor)

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.