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MATTER OF SHIRLEY v. SCHULMAN

78 N.Y.2d 915 (1991)

In the Matter of Gary L. Shirley, as Building Inspector of the Town of Brighton, Respondent, v. Edwin Schulman, Appellant.

Court of Appeals of the State of New York.

Decided June 27, 1991.

Attorney(s) appearing for the Case

Stanley A. Gordon for appellant.

Warren B. Rosenbaum, Deputy Town Attorney, for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the County Court should be reversed and defendant's motion to dismiss granted.

Defendant was served with a "notice of violation" and a "complaint violation" charging him with a breach of the town's zoning ordinance (see, Town of Brighton Zoning Code § 42-11). Violation of the zoning ordinance is by statute a criminal act (see, Town Law § 268; Town of Brighton Zoning...

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