TOWN OF RIVERHEAD v. SILVERMAN

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

TOWN OF RIVERHEAD, respondent, v. Henry B. SILVERMAN, et al., appellants, et al., defendants.

Decided: September 30, 2008

REINALDO E. RIVERA, J.P., HOWARD MILLER, DANIEL D. ANGIOLILLO, and CHERYL E. CHAMBERS, JJ. 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.

In an action, inter alia, to enforce an easement and for injunctive relief, the defendants Henry B. Silverman and Melissa Silverman appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated October 25, 2006, which granted the plaintiff's motion for a preliminary injunction enjoining them from continuing the use and occupancy of the subject premises without a certificate of occupancy and/or further order of the court.

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, 839 N.Y.S.2d 169;  see Town Law § 268[2];  Town of Thompson v. Braunstein, 247 A.D.2d 753, 754, 669 N.Y.S.2d 387).   Under the unique circumstances of this case, the Supreme Court properly found that the Town of Riverhead made such a showing.

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