The petition will be dismissed. A permanent injunction cannot be obtained under article 78 of the Civil Practice Act. Epstein Co. v. City of New York, 100 N.Y.S.2d 326.) Further, if this proceeding be regarded as an application for an order in the nature of certiorari, the court could interfere only if the Town Board did not have jurisdiction of the subject matter, or exceeded its jurisdiction, or did not exercise its authority...
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