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SOUTHAMPTON v. EQUUS ASSOCS.

201 A.D.2d 210 (1994)

Town of Southampton, Respondent, v. Equus Associates, Ltd., Appellant, et al., Defendants. (Matter No. 1.) In the Matter of Equus Associates, Ltd., Appellant, v. Town Board of the Town of Southampton et al., Respondents, and John H. Doyle et al., Intervenors-Respondents. (Matter No. 2.)

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

August 8, 1994

Attorney(s) appearing for the Case

Shea & Gould, New York City (Milton S. Gould, Robert J. Ward, Karen S. Frieman and Robert J. Kirshenberg of counsel), for appellant.

Linda Riley, Town Attorney of the Town of Southampton (D'Amato, Forchelli, Libert, Schwartz, Mineo & Carlino, Mineola [Anton J. Borovina], of counsel), for respondents.

Twomey, Latham, Shea & Kelly, Riverhead (John F. Shea, III, Christopher D. Kelley and Lisa C. Kombrink of counsel), for John H. Doyle and others, intervenors-respondents.

Anderson, Kill, Olick & Oshinsky, New York City, for R. Mark Keenan, intervenor-respondent.

BRACKEN, J. P., SULLIVAN and HART, JJ., concur.

MILLER, J.

The primary issue presented on these two appeals is whether the appellant's proposed use of its leased property to raise, train and sell polo ponies constitutes "agricultural production" within the meaning of Agriculture and Markets Law § 301, and therefore should have been permitted by the Town of Southampton. We hold that it does and accordingly reverse the judgments on appeal and grant the...

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