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SUNRISE CHECK CASHING v. TOWN

No. 12.

20 N.Y.3d 481 (2013)

986 N.E.2d 898

964 N.Y.S.2d 64

2013 NY Slip Op 949

SUNRISE CHECK CASHING AND PAYROLL SERVICES, INC., et al., Respondents, v. TOWN OF HEMPSTEAD, Appellant.

Court of Appeals of New York.

Decided February 14, 2013.

Attorney(s) appearing for the Case

Berkman Henoch Peterson Peddy & Fenchel, P.C., Garden City ( Peter Sullivan , Todd Steckler , Robert Carruba and Daniel Evers of counsel), for appellant.

Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana, LLP, Uniondale ( Jeffrey G. Stark and Richard A. Blumberg of counsel), for respondents.

Eric T. Schneiderman , Attorney General, New York City ( Matthew W. Grieco , Barbara D. Underwood and Richard Dearing of counsel), for Superintendent of Financial Services, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and PIGOTT concur; Judge RIVERA taking no part.

OPINION OF THE COURT

SMITH, J.

We hold that a zoning measure that prohibits check-cashing establishments in a town's business district is invalid, because it violates the principle that zoning is concerned with the use of land, not with the identity of the user.

The provision in question is section 302 (K) of article XXXI of the Building Zone Ordinance of the Town of Hempstead, adopted January 10, 2006...

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