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.