TOWN OF HUNTINGTON v. SUDANO


42 A.D.2d 791 (1973)

Town of Huntington, Appellant, v. Anthony Sudano, Doing Business as Sundown Kennels, Respondent

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

July 30, 1973


Judgment reversed, on the law and the facts, with costs, and case remitted to the trial court for the making and entry of a judgment in favor of plaintiff permanently enjoining defendant from operating a commercial dog kennel having more than 10 dogs.

The Zoning Board of Appeals of the Town of Huntington granted a special exception in 1952 to defendant's immediate predecessor in title to operate a dog kennel on the following terms: "for the purpose of training dogs...

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