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).