Town of Dover Town Board v. Cascino

In an action to enjoin the violation of certain provisions of a town zoning ordinance, the plaintiff Town of Dover Town Board appeals from an order of the Supreme Court, Dutchess County (Fagones, J.), dated May 23, 2006, which denied its motion for a preliminary injunction.

Ordered that the order is reversed, on the law, with costs, the plaintiffs motion for a preliminary injunction is granted, and the matter is remitted to the Supreme Court, Dutchess County, for further proceedings before a different justice.

Town Law § 268 permits a town to seek preliminary injunctive relief prohibiting the…