Duke v. Town of Huntington

OPINION OF THE COURT

Peter Fox Cohalan, J.

This motion by plaintiff for summary judgment striking defendant’s answer on the ground that there is no defense to the cause of action alleged in the complaint, is granted.

This is an action for a declaratory judgment that a certain Local Law No. 2 of 1990, enacted by defendant, which imposed *522a "temporary” restriction upon the construction of any docks in town waterways until 60 days after the date of the adoption of a local waterfront revitalization plan, or May 20, 1991, whichever would be earlier, is void and of no effect. Relief is also sought to…