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MATTER OF TN. OF FENTON v. TEDINO

78 Misc.2d 319 (1974)

In the Matter of Town of Fenton, Petitioner, v. Michael C. Tedino et al., Respondents.

Supreme Court, Special Term, Broome County.

February 22, 1974

Attorney(s) appearing for the Case

A. Edward Hill for petitioner. Kurt A. Franzenburg for Michael C. Tedino, respondent. Eli Ratner for State Liquor Authority, respondent.

RICHARD F. KUHNEN, J.

This proceeding is brought by the Town of Fenton for injunctive relief pursuant to section 123 of the Alcoholic Beverage Control Law. The town seeks to enjoin the continued operation of a tavern or restaurant by respondent Michael C. Tedino. The premises in question are located in a zone designated as Neighborhood-Commercial (C-N) under the Town of Fenton Zoning Ordinance. The town claims, and one court has so held, that a tavern...

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