FILED: APPELLATE DIVISION - 4TH DEPT 10/02/2023 02:01 PM CA 22-01929

NYSCEF DOC. NO. 44 To be Argued by: RECEIVED NYSCEF: 10/02/2023

EDWARD C. COSGROVE
(Time Requested: 15 Minutes)

New York Supreme Court

Appellate Division—Fourth Department

DANIEL T. WARREN, Docket Nos.:

Petitioner-Appellant,
CA 22-01929
CA 23-00546
– against –

THE PLANNING BOARD OF THE TOWN OF WEST SENECA,

TOWN OF WEST SENECA, NEW YORK and CANISIUS HIGH SCHOOL OF
BUFFALO, NEW YORK, by and through FR. DAVID CIANCIMINO, S.J.,
as its President,

Respondents-Respondents.

BRIEF FOR RESPONDENT-RESPONDENT CANISIUS HIGH

SCHOOL OF BUFFALO, NEW YORK, BY AND THROUGH
FR. DAVID CIANCIMINO, S.J., AS ITS PRESIDENT

COSGROVE LAW FIRM

EDWARD C. COSGROVE, ESQ.
Attorneys for Respondents-
Respondents Canisius High School
of Buffalo, New York, by and
through Fr. David Ciancimino, S.J.,
as its President
525 Delaware Avenue
Buffalo, New York 14202
(716) 854-2211
eccosgrove@cosgrovelawfirm.com

Erie County Clerk’s Index No. 808016/22

-

(800) 4-APPEAL • (512870)

 TABLE OF CONTENTS

TABLE OF AUTHORITIES.................................................... ii

QUESTIONS PRESENTED..................................................... 1

STATEME-T OF THE CASE.................................................... 2

STATEME-NT OF FACTS...................................................... 3

ARGUME-NT.................................................................... ... 4

The Lower Court's Decision should be

Affirmed..................................................................... 4
CONCLUSION.................................................................... 5

PRINTING SPECIFICATIONS STATEMENT........................... 6

 TABLE OF AUTHORITIES

Canisius High School of Buffalo, New York, by and through Fr. David

Ciancimino, SJ., as its President (hereinafter referred to as "Canisius High

School") adopts and incorporates the table of authorities from the responding brief

of The Planning Board of the Town of West Seneca and Town of West Seneca

(hereinafter referred to as "Town of West Seneca") filed concurrently herewith as

if set for herein at length.

ii
 QUESTIONS PRESENTED

Canisius High School adopts and incorporates the table of questions

presented from the respondents' brief of the Town of West Seneca filed

concurrently herewith as if set forth herein at length.

1
 STATEMENT OF THE CASE

Canisius High School adopts and incorporates the statement of the case

presented from the respondents' brief of the Town of West Seneca filed

concurrently herewith as if set forth herein at length.

2
 STATEMENT OF FACTS

The facts relevant to this appeal are set forth in the Respondents' Brief of the

Town of West Seneca, filed concurrently herewith, which is adopted and

incorporated herein.

3
 ARGUMENT

THE LOWER COURT'S DECISION SHOULD BE AFFIRMED

Canisius High School adopts and incorporates the responding brief of The

Town of West Seneca as if set forth herein at length. This includes the Town of

West Seneca's following arguments:

A. The Majority of Cases cited by Appellant are irrelevant for purposes

of this Appeal;

B. The Determination of the Planning Board was neither Arbitrary or

Capricious nor Irrational;

C. Documents were Properly Excluded from the Record;

D. The Green Amendment is Inapplicable;

E. Appellant's Procedural Arguments Lack Merrit;

F. Injunctive Relief was Correctly Rejected; and,

G. Respondents' Procedure was Proper.

For these reasons, the lower court's decision should be affirmed.

4
 CONCLUSION

For these reasons, it is respectfully urged that the Court affirm the decision

of the Hon. Mark J. Grisanti, J.S.C., together with such other and further relief that

the Court may deem just and proper.

Dated: October 2, 2023

Buffalo, New York

COSGROVE LAW FIRM

&4~
Edward C. Cosgrove, Esq.
Attorneys for Canisius High School
525 Delaware Avenue
Buffalo, New York 14202
(716) 854-2211
eccosgrove@cos2:rovelawfirm.com

TO: Chris G. Trapp, Esq.

Greco Trapp, PLLC
Attorneys for The Town of West Seneca
14 Lafayette Square
Suite 1700
Buffalo, New York 14203
(716) 856-5800
c2:trapp@grecolawyers.com

Daniel T. Warren, Pro Se - Appellant

836 Indian Church Road
West Seneca, New York 14224

5
 PRINTING SPECIFICATION STATEMENT

Pursuant to 22 NYCRR §1250.8(f ) and ( j )

The foregoing brief was prepared on a computer. A proportionally spaced

typeface was used, as follows:

Name of typeface: Times New Roman

Point Size: 14
Line Spacing: Double

The total number of words in the brief , inclusive of point headings and

footnotes and exclusive of pages containing the table of contents, table of

authorities, proof of service, printing specifications statement or any authorized

addenda containing statutes, rules, regulations, etc., is 317 words.

Dated: October 2, 2023

Buffalo, New York