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FIUME v. CHADWICK

16 Misc.3d 906 (2007)

840 N.Y.S.2d 278

DEBORAH FIUME et al., Plaintiffs, v. DAVID CHADWICK, as Supervisor of the Department of Building and Construction of the City of Binghamton, et al., Defendants. DEBORAH FIUME et al., Plaintiffs, v. JOHN STELLA et al., as Members of the Planning Commission of the City of Binghamton, et al., Defendants.

Supreme Court, Broome County.

April 16, 2007.

Attorney(s) appearing for the Case

Edward F. Crumb, Binghamton, for plaintiffs.

Kenneth J. Frank, Corporation Counsel, Binghamton, for David Chadwick and others, defendants.

Alan J. Pope, Binghamton, for Carl E. Guy and others, defendants.

Levene, Gouldin & Thompson, LLP, Binghamton (Timothy A. Hayden of counsel), for Timothy Grippen and another, defendants.

OPINION OF THE COURT

EUGENE E. PECKHAM, J.

The matter before the court is a complaint for injunctive relief, which will be treated as a motion for a preliminary injunction. A temporary restraining order was issued and oral argument was heard on March 22, 2007.

The request for a preliminary injunction is based upon a separate CPLR article 78 proceeding commenced to review actions of the Binghamton City Planning Commission (hereafter PC) and Zoning...

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