Village of Fairport v. Teremy

—Order and Judgment *910unanimously reversed on the law without costs, motion granted, summons with notice dismissed and plaintiff directed, within 20 days of service of a copy of the order of this Court with notice of entry, to return the civil penalty paid with interest in accordance with the following Memorandum: Plaintiff, Village of Fairport (Village), commenced this action in Village of Fairport Justice Court, alleging that defendant erected a deck on his property without obtaining a building permit. The Village sought a civil penalty pursuant to Fairport Village Code § 43-6 (B). A jury…