Legal Opinion

Town of Smithtown v. Serby

Suffolk County District Court

Decided June 29, 1970Published

1Opinion of the CourtRockwell D. Colaneri, J.

The defendant is charged with violations of chapter 54, section 54-3 and section 56-6-A of the Code of the Town of Smithtown, which sections are subject to the penalties provided in section 54-15-1 of the Code. It is alleged that the defendant, a physician, allowed certain premises to be used as a physician’s office in violation of the code in that the office was not a home professional office because the defendant did not reside there.

A search warrant was issued and signed by a Judge of this court which authorized a town investigator of the Town of Smithtown, to make “ a search of the…

2Cases cited5 opinions

  1. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  2. See v. City of SeattleSupreme Court of the United States · 1967
  3. Frank v. MarylandSupreme Court of the United States · 1959
  4. Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949
  5. Comparato v. KnaufNew York Supreme Court · 1969

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