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TOWN OF SMITHTOWN v. CARLSON

204 A.D.2d 537 (1994)

614 N.Y.S.2d 18

Town of Smithtown, Appellant, v. Henry B. Carlson et al., Respondents

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

May 16, 1994

Ordered that the order is affirmed, with costs.

In order to obtain preliminary injunctive relief against a violation of its zoning ordinances, a town must demonstrate that it has a likelihood of ultimate success on the merits, and that the equities are balanced in its favor (see, Town of Southampton v Sendlewski, 156 A.D.2d 669; Town of Islip v Clark, 90 A.D.2d 500). The question...

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