| Town of Riverhead v Silverman |
| 2008 NY Slip Op 07234 [54 AD3d 1024] |
| September 30, 2008 |
| Appellate Division, Second Department |
| Town of Riverhead, Respondent, v Henry B. Silverman etal., Appellants, et al., Defendants. |
—[*1] Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, Riverhead, N.Y. (Phil Siegel ofcounsel), for respondent.
In an action, inter alia, to enforce an easement and for injunctive relief, the defendants HenryB. Silverman and Melissa Silverman appeal from an order of the Supreme Court, Suffolk County(Cohalan, J.), dated October 25, 2006, which granted the plaintiff's motion for a preliminaryinjunction enjoining them from continuing the use and occupancy of the subject premises withouta certificate of occupancy and/or further order of the court.
Ordered that the order is affirmed, with costs.
"To obtain preliminary injunctive relief based on a violation of its zoning ordinances, a townneed only show that it has a likelihood of success on the merits and that the equities are balancedin its favor" (Town of Dover Town Bd.v Cascino, 41 AD3d 834, 834 [2007]; see Town Law § 268 [2]; Townof Thompson v Braunstein, 247 AD2d 753, 754 [1998]). Under the unique circumstances ofthis case, the Supreme Court properly found that the Town of Riverhead made such a showing.
Motion by the respondent to dismiss the appeal on the ground that the appeal has beenrendered academic. By decision and order on motion of this Court dated February 11, 2008, themotion was held in abeyance and referred to the Justices hearing the appeal for determinationupon the argument or submission thereof.
Upon the papers filed in support of the motion, the papers filed in opposition thereto, andupon the argument of the appeal, it is
Ordered that the motion is denied. Rivera, J.P., Miller, Angiolillo and Chambers, JJ., concur.