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SUNRISE CHECK v. TOWN OF HEMPSTEAD

2010-05381

91 A.D.3d 126 (2011)

933 N.Y.S.2d 388

2011 NY Slip Op 8745

SUNRISE CHECK CASHING AND PAYROLL SERVICES, INC., et al., Appellants, v. TOWN OF HEMPSTEAD, Respondent.

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

Decided November 29, 2011.

Attorney(s) appearing for the Case

Forchelli, Curto, Deegan, Schwartz, Mineo, Cohn & Terrana, LLP, Uniondale ( William S. Cohn and Richard C. Goldberg of counsel), for appellants.

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City ( Peter Sullivan and Todd Steckler of counsel), for respondent.

SKELOS, J.P., HALL and SGROI, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

Introduction

On January 10, 2006, the defendant Town of Hempstead adopted section 302 (K) of article XXXI of the Building Zone Ordinance of the Town of Hempstead (hereinafter section 302 [K]). Section 302 (K) prohibited check-cashing establishments within the Town in any districts other than industrial and light manufacturing districts. Under an amortization provision in section 302 (K), preexisting check-cashing...

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