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SEABOARD CONTR. v. SMITHTOWN

147 A.D.2d 4 (1989)

Seaboard Contracting & Material, Inc., Respondent, v. Town of Smithtown et al., Appellants

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

May 8, 1989

Attorney(s) appearing for the Case

Twomey, Latham, Shea & Kelley (Maureen T. Liccione and Catriona Glazebrook of counsel), for appellants.

Cole & Deitz (Joseph A. DiBenedetto and Joseph G. Colao of counsel), for respondent.

E. Thomas Boyle, County Attorney (Caroline Levy of counsel), for Suffolk County Planning Commission, amicus curiae.

MANGANO, J. P., BRACKEN, SPATT and HARWOOD, JJ., concur.

Per Curiam.

The plaintiff brought this action for a judgment declaring that the provisions of Town of Smithtown Code chapters 44A and 54 are unconstitutional insofar as they are applicable to the mining industry (see, NY Const, art 9, § 2). We hold that the provisions in issue are constitutional on their face, and the plaintiff's contentions that they are unconstitutional as applied to it should be asserted in...

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