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TOWN OF RIVERHEAD v. SILVERMAN

2006-11025

2008 NY Slip Op 07234

TOWN OF RIVERHEAD, respondent, v. HENRY B. SILVERMAN, ET AL., appellants, ET AL., defendants.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Wickham, Bressler, Gordon & Geasa, P.C., Mattituck, N.Y. (Eric J. Bressler of counsel), for appellants.

Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, Riverhead, N.Y. (Phil Siegel of counsel), for respondent.

Before: Reinaldo E. Rivera, J.P., Howard Miller, Daniel D. Angiolillo, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

"To obtain preliminary injunctive relief based on a violation of its zoning ordinances, a town need only show that it has a likelihood of success on the merits and that the equities are balanced in its favor" (Town of Dover Town Bd. v Cascino, 41 A.D.3d 834, 834; see Town Law § 268[2]; Town of Thompson v Braunstein, 247 A...

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