Greyrock Park Property Owners' Ass'n v. Messina

Appellate Division of the Supreme Court of New York

Greyrock Park Property Owners' Ass'n v. Messina

25 A.D.2d 884, 270 N.Y.S.2d 666, 1966 N.Y. App. Div. LEXIS 4089

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 27, 1966

StatusPublished

This text of 25 A.D.2d 884 (Greyrock Park Property Owners' Ass'n v. Messina) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Greyrock Park Property Owners' Ass'n v. Messina, 25 A.D.2d 884, 270 N.Y.S.2d 666, 1966 N.Y. App. Div. LEXIS 4089 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a proceeding under CPLR article 78 permanently to enjoin the respondent Village of Port Chester and certain of its officials from engaging in open-air burning of refuse at the Fox Island Dump, in which a judgment was entered October 27, 1965, granting such injunction, petitioner appeals from an order of the Supreme Court, Westchester County, entered April 21, 1966, which, on motion of the village to modify said judgment, temporarily suspended the provisions of the permanent injunction for a period of 20 days upon certain conditions. This court stayed the order pending determination of the appeal. Order modified, on the law and the facts, by reducing the period of suspension of the permanent injunction to five days. As so modified, order affirmed, without costs. The five-day period shall commence May 31,1966. Stay vacated. In our opinion, 20 days is too long a period of time in which to subject the adjoining property owners to the unpleasant consequences of open-air burning. We are satisfied, however, that a dangerous situation exists as the result of the Spring clean-up and that such situation requires a temporary suspension of the permanent injunction heretofore granted.

Beldoek, P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding under CPLR article 78 permanently to enjoin the respondent Village of Port Chester and certain of its officials from engaging in open-air burning of refuse at the Fox Island Dump, in which a judgment was entered October 27, 1965, granting such injunction, petitioner appeals from an order of the Supreme Court, Westchester County, entered April 21, 1966, which, on motion of the village to modify said judgment, temporarily suspended the provisions of the permanent injunction for a period of 20 days upon certain conditions. This court stayed the order pending determination of the appeal. Order modified, on the law and the facts, by reducing the period of suspension of the permanent injunction to five days. As so modified, order affirmed, without costs. The five-day period shall commence May 31,1966. Stay vacated. In our opinion, 20 days is too long a period of time in which to subject the adjoining property owners to the unpleasant consequences of open-air burning. We are satisfied, however, that a dangerous situation exists as the result of the Spring clean-up and that such situation requires a temporary suspension of the permanent injunction heretofore granted.

Beldoek, P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

25 A.D.2d 884, 270 N.Y.S.2d 666, 1966 N.Y. App. Div. LEXIS 4089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greyrock-park-property-owners-assn-v-messina-nyappdiv-1966.