MATTER OF 4M HOLDING CO., INC. v. TOWN BD. OF THE TOWN OF ISLIP


81 N.Y.2d 1053 (1993)

619 N.E.2d 395

601 N.Y.S.2d 458

In the Matter of 4M Holding Company, Inc., Appellant, v. Town Board of the Town of Islip et al., Respondents.

Court of Appeals of the State of New York.

Decided June 15, 1993.


Attorney(s) appearing for the Case

Shlimbaum, Shlimbaum & Jablonski, Islip (Lark J. Shlimbaum of counsel), for appellant.

Vincent J. Messina, Jr., Acting Town Attorney of Town of Islip, Islip (Richard Hoffman of counsel), and Sinnreich Wasserman Grubin & Cahill, New York City (Michael J. Cahill and Jay Safar of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that respondent Town Board of Islip's resolution requiring petitioner to clear 33,000 cubic yards of burning debris from its property in 10 days was not arbitrary, capricious or contrary to law. This Court has said, "[t]he arbitrary or capricious test chiefly...

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