Town of Clifton Park v. Sarris

Appeal from an order of the County Court of Saratoga County (Scarano, J.), entered January 11, 2010, which affirmed a judgment of the Justice Court of the Town of Halfmoon in favor of plaintiff.

During a 17-month period, beginning in June 2004, defendant was issued 13 appearance tickets for harboring waterfowl on his property in the Town of Clifton Park, Saratoga County in violation of the local zoning code (see Town of Clifton Park Zoning Code § 208-10 [B] [1] [a]). In February 2005, defendant commenced an action in Supreme Court seeking a declaratory judgment that harboring of ducks, geese…