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STATE v. IZZO

216 A.D.2d 456 (1995)

628 N.Y.S.2d 391

State of New York et al., Appellants, v. Alexander P. Izzo et al., Respondents

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

June 19, 1995

Ordered that the order is reversed insofar as appealed from, with costs, and the plaintiffs' motion for a preliminary injunction is granted.

Pursuant to a statutory grant of authority (see, ECL 71-1311 [1]), the plaintiffs moved for a preliminary injunction restraining the defendants from mining sand and gravel from a 7.2 acre parcel that they own in the Town of Smithtown, Suffolk County. In support of their motion...

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