Oil Heat Institute of Long Island, Inc. v. Town of Babylon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for *353a declaratory judgment and a permanent injunction, the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated May 17, 1988, which, on the plaintiff’s motion for a preliminary injunction, sua sponte, in the interest of judicial economy, awarded summary judgment to the plaintiffs declaring that the Babylon Town Code chapter 123 is preempted by ECL, article 17, title 10 and permanently enjoined the defendant Town of Babylon from enforcing that chapter of its code.
Ordered that the order is affirmed, with costs.
The plaintiffs commenced this…
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- Ames v. SmootAppellate Division of the Supreme Court of the State of New York · 1983
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