TOWN OF TULLY v. VALLEY REALTY DEV. CO., INC.


254 A.D.2d 835 (1998)

677 N.Y.S.2d 843

Town of Tully, Appellant, v. Valley Realty Development Company, Inc., et al., Respondents

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

October 2, 1998


Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiff, Town of Tully, appeals from an order that denied without a hearing its motion for a preliminary injunction enjoining defendants from conducting mining operations in the Town and vacated the temporary restraining order previously issued by Supreme Court.

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