Town of Hempstead v. Davis

Appellate Division of the Supreme Court of New York

Town of Hempstead v. Davis

245 A.D.2d 366, 666 N.Y.S.2d 440, 1997 N.Y. App. Div. LEXIS 12783

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

DecidedDecember 8, 1997

StatusPublished

Cited by2 cases

This text of 245 A.D.2d 366 (Town of Hempstead v. Davis) 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

Town of Hempstead v. Davis, 245 A.D.2d 366, 666 N.Y.S.2d 440, 1997 N.Y. App. Div. LEXIS 12783 (N.Y. Ct. App. 1997).

Pincite

Opinion

—In an action for a permanent injunction prohibiting the defendant from storing certain junked motor vehicles and machinery on his property, the defendant appeals from an order of the Supreme Court, Nassau County (Segal, J.), dated June 21, 1996, which (1) denied his motion to stay enforcement of an order of the same court, entered February 16, 1996, and (2) granted the plaintiffs motion for leave to enter and clean up the defendant’s premises.

Ordered that the order is affirmed, with costs.

It was not an improper delegation of authority for the court to direct the Fire Commissioners of the Hewlett Bay Fire District to remove material which constituted a violation of an order awarding the plaintiff a preliminary injunction, since there were specific standards provided in that order to guide the Fire Commissioners’ actions (see generally, City of Amsterdam v Helsby, 37 NY2d 19).

The defendant’s remaining contentions are without merit. Miller, J. P., Pizzuto, Goldstein and Florio, JJ., concur.

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—In an action for a permanent injunction prohibiting the defendant from storing certain junked motor vehicles and machinery on his property, the defendant appeals from an order of the Supreme Court, Nassau County (Segal, J.), dated June 21, 1996, which (1) denied his motion to stay enforcement of an order of the same court, entered February 16, 1996, and (2) granted the plaintiffs motion for leave to enter and clean up the defendant’s premises.

Ordered that the order is affirmed, with costs.

It was not an improper delegation of authority for the court to direct the Fire Commissioners of the Hewlett Bay Fire District to remove material which constituted a violation of an order awarding the plaintiff a preliminary injunction, since there were specific standards provided in that order to guide the Fire Commissioners’ actions (see generally, City of Amsterdam v Helsby, 37 NY2d 19).

The defendant’s remaining contentions are without merit. Miller, J. P., Pizzuto, Goldstein and Florio, JJ., concur.

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Bluebook (online)

245 A.D.2d 366, 666 N.Y.S.2d 440, 1997 N.Y. App. Div. LEXIS 12783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-hempstead-v-davis-nyappdiv-1997.

Opinion

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