Bristol Homeowners Environmental Preservation Associates, LLC v. Town of South Bristol

Appeal from an order and judgment (one paper) of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered October 29, 2013. The order and judgment granted the *1260motions of defendants to dismiss the complaint, dismissed the complaint and denied the cross motion of plaintiff for a preliminary injunction.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: In 2005, defendant Town of South Bristol Planning Board (Planning Board) issued a negative declaration of environmental significance and site plan approval for a 24-unit…