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Town of Riverhead v. Kenny King Enter. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1985
112 A.D.2d 156 (N.Y. App. Div. 1985)

Opinion

July 1, 1985

Appeal from the Supreme Court, Suffolk County, (Snellenburg, J.).


Order affirmed insofar as appealed from, without costs or disbursements.

In the instant action, inter alia, to enjoin an alleged violation of the Zoning Ordinance of the Town of Riverhead insofar as it relates to certain aspects of the operation of the Riverhead Resort Motel, Special Term properly found that the complaint failed to state a cause of action as against the Suffolk County Department of Social Services, which is neither the owner nor operator of the motel, and which is merely alleged to have "sanctioned" the claimed illegality by making use of the premises to shelter families in need of emergency housing assistance ( see, Social Services Law § 350-j).

We pass upon no other issue. Lazer, J.P., Mangano, Gibbons and Niehoff, JJ., concur.


Summaries of

Town of Riverhead v. Kenny King Enter. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1985
112 A.D.2d 156 (N.Y. App. Div. 1985)
Case details for

Town of Riverhead v. Kenny King Enter. Co.

Case Details

Full title:TOWN OF RIVERHEAD, Appellant, v. KENNY KING ENTERPRISE CO., INC.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 1985

Citations

112 A.D.2d 156 (N.Y. App. Div. 1985)