James H. Maloy, Inc. v. Town Board of the Town of Guilderland

Appeals (1) from a judgment of the Supreme Court at Special Term (Prior, Jr., J.), entered October 27,1980 in Albany County, which granted a declaratory judgment in favor of petitioner, and (2) from an order of said court, entered January 29,1981 in Albany County, which granted a motion to settle the record on appeal so as to include various affidavits submitted by petitioner. Petitioner owns and operates a mobile rock crusher in the Town of Guilderland. On May 30, 1980 the town’s zoning enforcement officer, who is also the superintendent of buildings, issued an “order to remedy a violation”…