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Town of Poughkeepsie v. River Terminal Services

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 8, 2009

TOWN OF POUGHKEEPSIE, RESPONDENT,
v.
RIVER TERMINAL SERVICES, LLC, APPELLANT.

In an action, inter alia, for injunctive relief to enforce zoning restrictions, the defendant appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated February 25, 2009, which denied its motion to dismiss the complaint and granted the plaintiff's motion for a preliminary injunction.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MARK C. DILLON, J. P., PANITA R. FLORIO, HOWARD MILLER, DANIEL D. ANGIOLILLO, JJ.

(Index No. 7546/07)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in granting the plaintiff's motion for a preliminary injunction compelling the defendant to stop using the subject portion of the property at issue as a truck terminal area (see Town Law § 268; Town of Riverhead v Gezari, 63 AD3d 1042, 1042-1043; Matter of 550 Halstead Corp. v Zoning Bd. of Appeals of Town/Vil. of Harrison, 307 AD2d 291, 292, affd 1 NY3d 561).

The parties' remaining contentions are without merit.

DILLON, J. P., FLORIO, MILLER and ANGIOLILLO, JJ., concur.

20091208

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