Town of Thompson v. Braunstein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Kane, J.), entered December 27, 1996 in Sullivan County, which, inter alia, granted plaintiffs’ motion for a preliminary injunction.
Plaintiffs, the Town of Thompson in Orange County and its code enforcement officer, commenced this action to permanently enjoin an alleged zoning violation with respect to business premises in the Town owned or operated by defendants (hereinafter the site). As of September 1996, there was in effect a valid certificate of occupancy issued to John Mulvey for opera*754tion of the site as a retail store. The following month,…
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