Ordered that the order is affirmed, without costs or disbursements.
By order to show cause dated July 17, 1987, the plaintiff requested judgment declaring certain provisions of the Code of the Town of Huntington unconstitutional, which demand for relief was also set forth in the complaint. This application, in effect for summary judgment, was properly denied as premature. The record reveals that the plaintiff's application, submitted prior to service of the defendant...
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