FILED: MONROE COUNTY CLERK 02/26/ :30 PM

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1 NYSCEF FILED DOC. : MONROE NO. 16 COUNTY CLERK : STATE OF NEW YORK SUPREME COURT : COUNTY OF MONROE In the Matter of the Application of CLOVER/ALLEN'S CREEK NEIGHBORHOOD ASSOCIATION LLC, 104 Shoreham Drive Petitioner-Plaintiff, --against-- M&F, LLC DANIELE SPC, LLC 2851 Monme Avenue NOTICE MUCCA MUCCA LLC PETITION/SUMMONS MARDANTH ENTERPRISES, INC Monme Avenue M&F, LLC, DANIELE SPC, LLC, MUCCA MUCCA OF Index No.E a018œ09y7 Justice Assigned LLC, MARDANTH ENTERPRISES, INC.,. COLLECTIVELY DOING BUSINESS AS DANIELE 00. ~lg) 1.. FAMILY COMPANIES TOWN OF BRIGHTON, NEW YORK Oral Argument Requested TOWN BOARD OF THE TOWN OF BRIGHTON, NEW YORK, comprised of Supervisor William Moehle and members Jason S. DiPonzio, James R. Vogel, Christopher K. Wemer and Robin R. Wilt, in their capacities as members of that body NMS ALLENS CREEK INC. 10 Pine Acres Drive 1 of 5 1 of 5

2 NYSCEF FILED DOC. : MONROE NO. 16 COUNTY CLERK : ROCHESTER GAS AND ELECTRIC COMPANY 89 East Avenue and any persons or entities found to have an interest in the property subject to this action but not yet named. For a Judgment Pursuant to New York CPLR Article 78, for a Declaratory Judgment pursuant to New York CPLR 3001, and for a judgment to quiet title pursuant to Real Property Actions and Proceedings Law Article 15 Respondents-Defendants. PLEASE TAKE NOTICE that upon the annexed Verified Petition/Complaint and attached exhibits, dated February 15, 2018, Petitioner/Plaintiff will apply to this Court, at a Special Term thereof, to be held before the Hon l 1 B, at the Monroe County Courthouse, Hall of Justice, 99 Exchange Blvd.,, th Floor on the OÌ 4+ o' day of -Å (Î 1, 2018 at ~~ 2 clock in the 3 noon or as soon thereafter as counsel can be heard, for a judgment pursuant to Civil Practice Law and Rules Article 78, for Declaratory Judgment pursuant to New York CPLR 3001, and to quiet title pursuant to Real Property Actions and Pmceedings Law Article 15: a) On its First Cause of Action ordering, directing and enjoining Respondents- Defendants, their agents and representative from undertaking any actions that would move the Project forward and from issuing any final approvals or building permits until such time as there is a determination accurately settling and determining where the Recreation Easement is located, who has rights to use it and in what manner, and the breadth and limits of those rights, and to otherwise define, enumerate and settle the respective rights of affected parties in and to the Recreation Easement/Aubum Trail; b) On its Second Cause of Action, ordering, directing and enjoining the Town from (1) infringing upon, alienating, altering or modifying the Recreation Easement/Aubum Trail and 2 2 of 5 2 of 5

3 NYSCEF FILED DOC. : MNO. NROE 16 COUNTY LERK : from issuing any final approvals or building permits allowing the same unless/until the York' Developer has obtained New York State Legislative approval in compliance with New York's Public Trust Doctrine; and (2) directing the Town to provide Petitioner-Plaintiff and the public meaningful and sufficiently adequate public notice of any resolution to convey the Recreation Easement to Developer so that the Association has the opportunity to petition for a permissive referendum under New York Town Law 90 et seq; (3) declaring that the acts and/or omissions of the Respondents/Defendants are arbitrary and capricious and constitute an abuse of discretion, and further constitute a failure to perform duties enjoined upon them by law, nullifying any action taken in contravention thereof. c) On its Third Cause of Action, an order and judgment: (1) invalidating the actions taken at the January 24, 2018 meeting concerning the Project, including the resolution accepting the FEIS and deeming the new Traffic Impact Statement as complete; (2) ordering the Town Board to participate in training regarding the OML to ensure that these deliberate abuses do not occur in the future; (3) awarding the Association costs and attorneys' fees for bringing this action; and (4) enjoining the Town from placing matters concerning the Project on the agenda for any meeting without affording the Association proper and adequate written notice of such action and providing the Association with the relevant documents at least two weeks in advance; (5) declaring that the acts and/or omissions of the Respondents/Defendants are arbitrary and capricious and constitute an abuse of discretion, and further constitute a failure to perform duties enjoined upon them by law, nullifying any action taken in contravention thereof. d) On its Fourth Cause of Action, that, Respondents-Defendants be equitably estopped, restrained and enjoined from any efforts to deny Petitioner-Plaintiff and the public their estate in the Recreation Easement/Aubum Trail and from asserting, alleging, relying on or enforcing any of 5 3 of 5

4 NYSCEF ' FILED DOC. : MONROE NO. 16 COUNTY CLERK : claim, right, title or interest that would serve to deny Petitioner-Plaintiff and the public their estate in the Recreation Easement/Auburn Trail. e) Such other and further relief as the Court deems just and proper. This proceeding is commenced in Monroe County pursuant to Civil Practice Law and Rules 506(b), 507, 7804(b). YOU ARE ALSO HEREBY SUMMONED to answer the Verified Complaint in this action and to serve a copy of your answer on Petitioner/Plaintiffs counsel within twenty (20) days after the service of this Notice of Petition/Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Notice of Petition/Summons is not personally delivered to you within the State of New York), and in case of your failure to respond/answer, judgment will be taken against you by default for relief demanded in the Verified Petition/Complaint. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 7804(c) and (e), a Verified Answer to the Petition, together with supporting affidavits, if any, and the certified Record of the proceedings at issue must be served upon Petitioner/Plaintiff s counsel at least five (5) days before the return date hereof. Dated: February 15, 2018 NIXON EABODY LLP Sty oom, sq Clinton Square L. Bloom Direct: (716) lbloom(dlnixonpeabody.com ATIORNEYS FOR PLAINTIFF CLOVER/ALLEN'S CREEK NEIGHBORHOOD ASSOCIATION LLC 4 4 of 5 4 of 5

5 NYSCEF FILED: DOC. MONROE NO. 16 COUNTY CLERK : 2 TO: M&F, LLC DANIELE SPC, LLC MUCCA MUCCA LLC MARDANTH ENTERPRISES, INC. M&F, LLC, DANIELE SPC, LLC, MUCCA MUCCA LLC, MARDANTH ENTERPRISES, INC., INDIVIDUALLY AND COLLECTIVELY AND DOING BUSINESS AS DANIELE FAMILY COMPANIES TOWN OF BRIGHTON, NEW YORK TOWN BOARD OF THE TOWN OF BRIGHTON, NEW YORK, comprised of Supervisor William Moehle and members Jason S. DiPonzio, James R. Vogel, Christopher K. Wemer and Robin R. Wilt, in their capacities as members of that body NMS ALLENS CREEK INC Monroe Avenue ROCHESTER GAS AND ELECTRIC COMPANY 89 East Avenue. 5 5 of 5 5 of 5