People v. Baris Shoe Co.

OPINION OF THE COURT

Joseph Covello, J.

The issue before this court is one of first impression. The question posed is whether or not a defendant, in a criminal action, is entitled to a stay of enforcement of the Town of Oyster *530Bay code, pursuant to Town Law § 267-a (6), involving issues that were appealed to the Zoning Board of Appeals.

The essence of the criminal charges filed against the defendant are largely related to the legality of the use as it presently exists, with two exceptions, those being an allegation that the electrical wiring and the signage do not comply with the rules and…