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TOWN OF MACEDON v. ELAM SAND & GRAVEL CORPORATION

280 A.D.2d 987 (2001)

720 N.Y.S.2d 421

TOWN OF MACEDON, Respondent, v. ELAM SAND & GRAVEL CORPORATION, Appellant.

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

Decided February 7, 2001.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of defendant for summary judgment on its second affirmative defense, alleging that Local Laws, 1994, No. 7 of the Town of Macedon denies defendant equal protection of the laws. Defendant's submissions are insufficient to overcome the "exceedingly strong presumption of constitutionality" applicable to the ordinance (Lighthouse Shores v Town of Islip,

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