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PEOPLE v. PLAINVIEW SHELL

131 Misc.2d 194 (1986)

The People of the State of New York, Plaintiff, v. Plainview Shell, Inc., Defendant. The People of the State of New York, Plaintiff, v. A & D Shell, Inc., Defendant.

District Court of Nassau County, Fourth District.

January 13, 1986

Attorney(s) appearing for the Case

Coffey, McHale, McBridge, Olsen & Shooltz for defendants. Robert Schmidt, Town Attorney (Steven Kavanaugh of counsel), for plaintiff.

JAMES P. GRIFFIN, J.

Motion by the defendants to dismiss pursuant to CPL 170.35 is granted.

The motion brings on for review a town ordinance of the Town of Oyster Bay specifically appendix "A" 104.1 which the movant claims is unconstitutional on the ground that said ordinance exceeded its delegated powers under provisions of Town Law § 261 et seq. Further, that the law violated US Constitution 14th Amendment and NY Constitution, article...

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