Rapaport v. Messina

Petitioners, operators of a bar and grill, located in the Village of Port Chester, New York, who are also owners of the real property containing the licensed premises, bring this proceeding pursuant to article 78 of the CPLR: (a) to prohibit the respondents “from illegally proceeding against petitioners under the State 'Standard Building Code For Places Of Public Assembly ”, and (b) reviewing the action of the respondents denying petitioners a permit for a curb lowering.

Let it be noted, at the outset, that the court is not unaware of the village’s problems resulting from the proliferation of…