MATTER OF 4M HOLDING CO., INC. v. DIAMANTE


215 A.D.2d 383 (1995)

625 N.Y.S.2d 644

In the Matter of 4M Holding Company, Inc., Appellant, v. Frank Diamante, as Assessor, et al., Respondents

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

May 1, 1995


Ordered that the judgment is affirmed, with costs.

The respondent Town Board of the Town of Islip passed a resolution dated July 10, 1990, which required the petitioner to remove certain demolition and construction debris from its property within 10 days. It appeared that a subsurface fire had been smoldering within the debris for a period of approximately nine months, causing the debris to be a fire, as well as a health, hazard. When the petitioner failed to remove...

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