Richard's Service Station Inc. v. Town of Huntington

Appellate Division of the Supreme Court of New York

Richard's Service Station Inc. v. Town of Huntington

45 A.D.2d 885, 358 N.Y.S.2d 161, 1974 N.Y. App. Div. LEXIS 4369

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

DecidedJuly 22, 1974

StatusPublished

This text of 45 A.D.2d 885 (Richard's Service Station Inc. v. Town of Huntington) 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

Richard's Service Station Inc. v. Town of Huntington, 45 A.D.2d 885, 358 N.Y.S.2d 161, 1974 N.Y. App. Div. LEXIS 4369 (N.Y. Ct. App. 1974).

Pincite

Opinion

In an action to enjoin enforcement of Local Law No. 3 of 1974 of the Town of Huntington, known as the “ Tow Truck Law ”, defendant Town of Huntington appeals from an order of the Supreme Court, Suffolk County, entered April 12, 1974, which, inter alia, granted, to a limited extent, plaintiffs’ motion for a preliminary injunction. Order modified by striking the third decretal paragraph thereof, which authorized the promulgation of rules and regulations for regulation of tow trucks, and, as so modified, order affirmed, without costs. Although we believe that Special Term was justified in granting the preliminary injunction, it improperly authorized and empowered the Suffolk County Police Department to promulgate such rules and regulations as might be necessary to enforce, pending a determination of the instant action, the provisions of the local law in question so^ as to effectively regulate a rotating list of Class " C ” licensed tow trucks in order to avoid the evils of solicitation. The court did not have the [886]*886to the Police Department to so act. We note that under the circumstances presented here a speedy trial should he had. Hopkins, Acting P. J., Martuseello, Latham, Christ and Munder, JJ., concur.

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In an action to enjoin enforcement of Local Law No. 3 of 1974 of the Town of Huntington, known as the “ Tow Truck Law ”, defendant Town of Huntington appeals from an order of the Supreme Court, Suffolk County, entered April 12, 1974, which, inter alia, granted, to a limited extent, plaintiffs’ motion for a preliminary injunction. Order modified by striking the third decretal paragraph thereof, which authorized the promulgation of rules and regulations for regulation of tow trucks, and, as so modified, order affirmed, without costs. Although we believe that Special Term was justified in granting the preliminary injunction, it improperly authorized and empowered the Suffolk County Police Department to promulgate such rules and regulations as might be necessary to enforce, pending a determination of the instant action, the provisions of the local law in question so^ as to effectively regulate a rotating list of Class " C ” licensed tow trucks in order to avoid the evils of solicitation. The court did not have the [886]*886to the Police Department to so act. We note that under the circumstances presented here a speedy trial should he had. Hopkins, Acting P. J., Martuseello, Latham, Christ and Munder, JJ., concur.

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Bluebook (online)

45 A.D.2d 885, 358 N.Y.S.2d 161, 1974 N.Y. App. Div. LEXIS 4369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richards-service-station-inc-v-town-of-huntington-nyappdiv-1974.