*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 648

CA 11-02279

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ. IN THE MATTER OF BASSET GROUP, INC., BASSET

FAMILY, LLC, CHARLES LISSOW AND LAKESIDE

BUILDERS AND DEVELOPERS, INC.,

PETITIONERS-APPELLANTS,

V ORDER TOWN OF GREECE TOWN BOARD AND 4320 WEST

RIDGE, LLC, RESPONDENTS-RESPONDENTS.

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

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