Incorporated Village of Thomaston v. Biener

In an action to permanently enjoin the defendants from using certain real property in violation of the zoning ordinance of the Incorporated Village of Thomaston, defendants appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated June 12,1981, which (1) granted plaintiff’s motion to vacate the dismissal of this action pursuant to CPLR 3404 on October 4, 1978, and (2) restored the action to the Trial Calendar. Order reversed, on the law, with $50 costs and disbursements, and motion denied. No findings of fact have been presented for review. In its decision and order…