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TOWN OF RIVERHEAD v. SILVERMAN

54 A.D.3d 1024 (2008)

864 N.Y.S.2d 169

TOWN OF RIVERHEAD, Respondent, v. HENRY B. SILVERMAN et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 30, 2008.

Ordered that the order is affirmed, with costs.

"To obtain preliminary injunctive relief based on a violation of its zoning ordinances, a town need only show that it has a likelihood of success on the merits and that the equities are balanced in its favor" (Town of Dover Town Bd. v Cascino, 41 A.D.3d 834, 834 [2007]; see Town Law § 268 [2]; Town of Thompson v Braunstein, 247 A.D.2d 753...

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