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MATTER OF SHARKEY v. TOWN OF SOUTHOLD JUSTICE COURT

2009-01532

71 A.D.3d 1030 (2010)

896 N.Y.S.2d 883

In the Matter of PAUL SHARKEY II et al., Appellants, v. TOWN OF SOUTHOLD JUSTICE COURT, Respondent.

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

Decided March 23, 2010.

Ordered that the order and judgment is affirmed, with costs.

The petitioners challenge the jurisdiction of the Justice Court of the Town of Southold to hear and determine misdemeanor charges against them for harvesting clams in Cutchogue Harbor, in alleged violation of ECL 13-0309 (3). They claim that Cutchogue Harbor, which is on the north shore of Peconic Bay, is not within the geographic jurisdiction of the Town of Southold...

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