Town of Ramapo v. Feferkorn

Appellate Division of the Supreme Court of New York

Town of Ramapo v. Feferkorn

287 A.D.2d 616, 731 N.Y.S.2d 861, 2001 N.Y. App. Div. LEXIS 9956

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

DecidedOctober 22, 2001

StatusPublished

This text of 287 A.D.2d 616 (Town of Ramapo v. Feferkorn) 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 Ramapo v. Feferkorn, 287 A.D.2d 616, 731 N.Y.S.2d 861, 2001 N.Y. App. Div. LEXIS 9956 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In an action pursuant to Town Law § 268 to permanently enjoin the defendants from occupying 15 properties except as single-family residences, the defendants appeal from a judgment of the Supreme Court, Rockland County (Bergerman, J.), dated June 22, 2000, as amended December 12, 2000, which, upon an order of the same court dated April 28, 2000, granting the plaintiff’s motion for summary judgment and denying their cross motion for a stay pursuant to CPLR 2201, permanently enjoined them from occupying the 15 properties except as single-family residences.

Ordered that the judgment, as amended, is affirmed, with costs; and it is further,

Ordered that any stay of enforcement of the judgment is vacated forthwith.

The plaintiff established that the defendants, inter alia, altered structures without permits (see, Town of Ramapo Code § 376-144 [A]), created three-family residences without benefit of site development plans (see, Town of Ramapo Code § 376-90), and violated provisions of the New York State Uniform Fire Prevention and Building Code (see, 9 NYCRR 742.6).

The defendants’ remaining contentions are unpreserved for appellate review, without merit, or relate to matters dehors the record. Santucci, J. P., Goldstein, Townes and Cozier, JJ., concur.

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—In an action pursuant to Town Law § 268 to permanently enjoin the defendants from occupying 15 properties except as single-family residences, the defendants appeal from a judgment of the Supreme Court, Rockland County (Bergerman, J.), dated June 22, 2000, as amended December 12, 2000, which, upon an order of the same court dated April 28, 2000, granting the plaintiff’s motion for summary judgment and denying their cross motion for a stay pursuant to CPLR 2201, permanently enjoined them from occupying the 15 properties except as single-family residences.

Ordered that the judgment, as amended, is affirmed, with costs; and it is further,

Ordered that any stay of enforcement of the judgment is vacated forthwith.

The plaintiff established that the defendants, inter alia, altered structures without permits (see, Town of Ramapo Code § 376-144 [A]), created three-family residences without benefit of site development plans (see, Town of Ramapo Code § 376-90), and violated provisions of the New York State Uniform Fire Prevention and Building Code (see, 9 NYCRR 742.6).

The defendants’ remaining contentions are unpreserved for appellate review, without merit, or relate to matters dehors the record. Santucci, J. P., Goldstein, Townes and Cozier, JJ., concur.

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Bluebook (online)

287 A.D.2d 616, 731 N.Y.S.2d 861, 2001 N.Y. App. Div. LEXIS 9956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-ramapo-v-feferkorn-nyappdiv-2001.

Opinion

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