TOWN OF BABYLON v. CONTE


61 Misc.2d 1055 (1970)

Town of Babylon et al., Plaintiffs, v. Peter Conte et al., Defendants.

Supreme Court, Special Term, Suffolk County.

January 26, 1970


Attorney(s) appearing for the Case

Donald L. Auperin, Town Attorney (Joseph F. Klein of counsel), for plaintiffs. Cronin & Nicosia (Salvatore Nicosia of counsel), for defendants.


THOMAS M. STARK, J.

Plaintiff has commenced this action to enjoin the defendants from operating Conte's East Side Lounge after its cabaret license had been suspended by the Chief Building Inspector, the town's licensing officer. Defendant counterclaimed for a declaratory judgment declaring certain provisions of the licensing ordinance illegal and unconstitutional. Defendant now moves for summary judgment on its counterclaims.

Defendants are the...

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