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PEOPLE v. CLARKSTOWN

160 A.D.2d 17 (1990)

The People of the State of New York, by Robert Abrams as Attorney-General of the State of New York, Respondent, v. Town of Clarkstown, Appellant

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

July 18, 1990

Attorney(s) appearing for the Case

Murray N. Jacobson, Town Attorney, for appellant.

Robert Abrams, Attorney-General (Sanford M. Cohen of counsel), for respondent.

RUBIN, J. P., BALLETTA and MILLER, JJ., concur.

ROSENBLATT, J.

On July 8, 1986, the Town of Clarkstown in Rockland County amended its zoning ordinance to add certain requirements for family day-care homes. The issue in this appeal is whether the State Legislature has preempted the regulation of family day-care homes, thus rendering the town's amendment invalid. We hold that the State has preempted the field, and that accordingly, the amendment is invalid....

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