Monroe Voiture 111 Memorial Home

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered May 29, 2014 in a proceeding pursuant to CPLR article 78. The judgment, among other things, dismissed the amended petition. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs. Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging, inter alia, the determination of respondent City of Rochester Planning Commission (Planning Commission) approving the application of respondent Morgan Management, LLC (Morgan), for a special permit. The special permit allows Morgan to construct an apartment building on property owned by respondent Monroe Voiture No. 111 Memorial Home, Inc., La Societe Des 40 Hommes et 8 Chevaux (Monroe Voiture), “in association with the overall redevelopment of the property.” Petitioner is a not-for-profit corporation that owns the property adjacent to the Monroe Voiture property, which includes the George Eastman House. We note at the outset that, although petitioner’s notice of appeal states, inter alia, that it is appealing from “each and every part of” the judgment, petitioner contends on appeal only that Supreme Court erred in dismissing the second cause of action in the amended petition. Petitioner has thus abandoned any issues with respect to the remainder of the amended petition (see Ciesinski v Town of Aurora, 202 AD2d 984, 984).