Incorporated Vil. of Sag Harbor v Rocco's (2003 NY Slip Op 18195)

Incorporated Vil. of Sag Harbor v Rocco's

2003 NY Slip Op 18195 [1 AD3d 397]

November 10, 2003

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 28, 2004

Incorporated Village of Sag Harbor, Respondent,
v
Rocco's et al., Defendants, and Saldino, Inc., et al., Appellants.

—In an action, inter alia, to permanently enjoin the defendants from operating certain premises in any manner other than a restaurant, the appeal is from an order of the Supreme Court, Suffolk County (Emerson, J.), dated December 2, 2002, which, after a hearing, granted the plaintiff's motion for a preliminary injunction.

Ordered that the order is affirmed, with costs.

The Supreme Court properly weighed the relevant factors in granting the motion of the plaintiff, Incorporated Village of Sag Harbor, for a preliminary injunction enjoining the use of the appellants' premises in any manner other than a restaurant in violation of the Village's zoning code (see Village Code of Village of Sag Harbor § 55-2.2; Village Law § 7-714; Village of Chestnut Ridge v Roffino, 306 AD2d 522 [2003]; cf. Town of Smithtown v Carlson, 204 AD2d 537 [1994]; see also Matter of Rudolf Steiner Fellowship Found. v De Luccia, 90 NY2d 453, 458 [1997]; Incorporated Vil. of Old Westbury v Alljay Farms, 100 AD2d 574 [1984], mod on other grounds 64 NY2d 798 [1985]). Smith, J.P., Krausman, McGinity and Rivera, JJ., concur.