AVELLI v. TOWN OF BABYLON


54 Misc.2d 662 (1967)

Louis Avelli et al., Plaintiffs, v. Town of Babylon et al., Defendants.

Supreme Court, Special Term, Suffolk County.

August 28, 1967


Attorney(s) appearing for the Case

Sol Horenstein for plaintiffs. Alfred B. Leeds for Deer Park Homes, Inc., defendant. Joseph P. Pfingst for Town of Babylon, defendant.


JACK STANISLAW, J.

In this action for judgment declaring an amendment to the Building Zone Ordinance of the Town of Babylon invalid and void the plaintiffs have asked for a preliminary injunction. This relief, to prevent any building activity on the subject property in furtherance of the purportedly improper change of zone, is objected to and those objections voiced concurrently with a motion to dismiss the complaint altogether.

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