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People v. Riverhead Auto Hospital, Inc.

Supreme Court, Appellate Term, Second Department
Nov 19, 1970
66 Misc. 2d 506 (N.Y. App. Term 1970)

Opinion

November 19, 1970

Appeal from the Justice Court of the Town of Riverhead, Suffolk County, THOMAS R. COSTELLO, J.

William C. Haugaard for appellant.

George Aspland, District Attorney ( John J. Munzel of counsel), for respondent.


The proof was insufficient to establish that defendant was engaged in the business of dealing in junk. Insofar as the ordinance attempts to classify all automobiles in need of more than minor repairs as junk, and the repairman a junk dealer, ipso facto, it is invalid. ( Town of Starkey v. Hill, 57 Misc.2d 719.)

Furthermore, a Court of Special Sessions has no authority to issue a mandatory injunction to cease and desist the conduct of a business.

The judgment of conviction should be unanimously reversed on the law and facts, complaint dismissed and fine remitted.

Concur — HOGAN, P.J., GULOTTA and GLICKMAN, JJ.

Judgment reversed, etc.


Summaries of

People v. Riverhead Auto Hospital, Inc.

Supreme Court, Appellate Term, Second Department
Nov 19, 1970
66 Misc. 2d 506 (N.Y. App. Term 1970)
Case details for

People v. Riverhead Auto Hospital, Inc.

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RIVERHEAD AUTO…

Court:Supreme Court, Appellate Term, Second Department

Date published: Nov 19, 1970

Citations

66 Misc. 2d 506 (N.Y. App. Term 1970)
321 N.Y.S.2d 226