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HUNTERS FOR DEER, INC. v. TOWN OF SMITHTOWN

No. 1.

37 N.Y.3d 1214 (2022)

183 N.E.3d 468

2022 NY Slip Op 00907

HUNTERS FOR DEER, INC., et al., Respondents, v. TOWN OF SMITHTOWN, Appellant.

Court of Appeals of New York.

Decided February 10, 2022.

Attorney(s) appearing for the Case

Matthew V. Jakubowski , Town Attorney, Smithtown ( Jennifer A. Juengst of counsel), for appellant.

Killoran Law, P.C., Westhampton Beach ( Christian Killoran of counsel), for respondents.

Letitia James , Attorney General, Albany ( Beezly J. Kiernan , Barbara D. Underwood and Andrea Oser of counsel), for New York State Department of Environmental Conservation, amicus curiae.

OPINION OF THE COURT

MEMORANDUM

The order of the Appellate Division should be affirmed, with costs. The only question properly before us on this appeal is whether Town Law § 130(27) authorizes defendant Town of Smithtown to regulate the discharge of "bows" pursuant to its authority to regulate the discharge of "firearms" under that statute.* Town Law § 130(27) specifically authorizes certain towns to prohibit the discharge...

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