Opinion
November 15, 1995
Appeal from the Supreme Court, Steuben County, Purple, Jr., J.
Present — Pine, J.P., Lawton, Wesley, Davis and Boehm, JJ.
Order unanimously reversed on the law without costs, motion denied, preliminary injunction vacated and amended complaint dismissed. Memorandum: We agree with defendant that the blanket ban on mining in plaintiff's Local Laws, 1970, No. 1 is invalid (see, Matter of Gernatt Asphalt Prods. v Town of Sardinia, 208 A.D.2d 139, 149-150, lv granted 86 N.Y.2d 707). Dismissal of the amended complaint, which seeks to enforce Local Law No. 1 of 1970, is therefore required.