Town of Southampton v. N.Y. State Dep't of Envtl. Conservation

Full title: In the Matter of TOWN OF SOUTHAMPTON et al., Petitioners, v. NEW YORK…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jun 26, 2019

2019 N.Y. Slip Op. 74022 (N.Y. App. Div. 2019)

Opinion

Motion No: 529380

06-26-2019

In the Matter of TOWN OF SOUTHAMPTON et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

Clark, J.P., Aarons, Rumsey and Pritzker, JJ., concur.

DECISION AND ORDER ON MOTION

Motion, pursuant to CPLR 5704, for temporary restraining order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, without costs, and respondents Sand Land Corporation and Wainscott Sand & Gravel Corp. are temporarily restrained and prohibited from mining at the property located at 585 Middle Line Highway, NE End, Bridgehampton, New York 11932, below 160 feet above mean sea level anywhere in the 31.5 acre life of mine pending the determination by Supreme Court, Albany County, of petitioners' motion for a preliminary injunction.

Clark, J.P., Aarons, Rumsey and Pritzker, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court