Town of Tully v. Valley Realty Development Co.

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiff, Town of Tully, appeals from an order that denied without a hearing its motion for a preliminary injunction enjoining defendants from conducting mining operations in the Town and vacated the temporary restraining order previously issued by Supreme Court.

In an action seeking enforcement of a zoning ordinance, plaintiff is entitled to a preliminary injunction if the record *836establishes that defendant…