Town of Riverhead v. County of Suffolk

In an action, inter alia, to permanently enjoin the defendant from constructing and utilizing a fueling facility in the Town of Riverhead, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Molia, J.), dated December 22, 2008, as denied its motion for summary judgment on the complaint as premature.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, Town of Riverhead, commenced this action to permanently enjoin the defendant, County of Suffolk, from constructing and using a new fueling facility on…