Opinion
2003-00039
Argued October 16, 2003
November 10, 2003.
In an action, inter alia, to permanently enjoin the defendants from operating certain premises in any manner other than a restaurant, the appeal is from an order of the Supreme Court, Suffolk County (Emerson, J.), dated December 2, 2002, which, after a hearing, granted the plaintiff's motion for a preliminary injunction.
Esseks, Hefter Angel (Pollack, Pollack, Isaac De Cicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellants.
Prokop Prokop, East Setauket, N.Y. (Joseph W. Prokop and Lisa Kombrink of counsel), for respondent.
Before: NANCY E. SMITH, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly weighed the relevant factors in granting the motion of the plaintiff, Incorporated Village of Sag Harbor, for a preliminary injunction enjoining the use of the appellants' premises in any manner other than a restaurant in violation of the Village's zoning code ( see Village Code of the Village of Sag Harbor § 55-2.2; Village Law § 7-714; Village of Chestnut Ridge v. Roffino, 306 A.D.2d 522; cf. Town of Smithtown v. Carlson, 204 A.D.2d 537; see also Matter of Rudolf Steiner Fellowship Found. v. De Luccia, 90 N.Y.2d 453, 458; Incorporated Vil. of Old Westbury v. Alljay Farms, 100 A.D.2d 574, mod on other grounds 64 N.Y.2d 798).
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.