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MATTER OF EXXON CORPORATION v. GRUCCI, JR.

270 A.D.2d 263 (2000)

703 N.Y.S.2d 522

In the Matter of EXXON CORPORATION, Respondent, v. FELIX J. GRUCCI, JR., et al., Appellants.

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

Decided March 6, 2000.

Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the Supreme Court that the Town Board of the Town of Brookhaven (hereinafter the Town Board) acted illegally in conditioning the grant of a special exception permit upon the imposition of covenants and restrictions running with the land which would prohibit the sale of chilled alcoholic beverages at the subject premises. The Town Board improperly invaded a field which has been preemptively...

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