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TOWN OF RIVERHEAD v. GEZARI

63 A.D.3d 1042 (2009)

881 N.Y.S.2d 172

TOWN OF RIVERHEAD, Respondent, v. WALTER GEZARI et al., Appellants.

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

Decided June 23, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff, Town of Riverhead, commenced this action to permanently enjoin the defendants from using, without a special permit, two of their properties for the landing and takeoff of aircraft, namely a helicopter, allegedly in contravention of Code of the Town of Riverhead (hereinafter Town Code) §§ 108-62 and 108-22. In the order appealed from, the Supreme Court granted the Town's motion for a preliminary...

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