Legal Opinion

Town of Poughkeepsie v. River Terminal Services, LLC

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 2009Published

1Opinion of the Court

*855Contrary 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 [2009]; Matter of 550 Halstead Corp. v Zoning Bd. of Appeals of Town/Vil. of Harrison, 307 AD2d 291, 292 [2003], affd 1 NY3d 561 [2003]).

The parties’ remaining contentions are without merit. Dillon, J.P., Florio, Miller and Angiolillo, JJ., concur.

2Cases cited3 opinions

  1. 550 Halstead Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2003
  2. Town of Riverhead v. GezariAppellate Division of the Supreme Court of the State of New York · 2009
  3. 550 Halstead Corp. v. Zoning Board of Appeals of HarrisonAppellate Division of the Supreme Court of the State of New York · 2003