Town of Hempstead v. Davis

Full title: TOWN OF HEMPSTEAD, Respondent, v. MARTIN DAVIS, Appellant

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

Date published: Dec 8, 1997

245 A.D.2d 366 (N.Y. App. Div. 1997)

666 N.Y.S.2d 440

Opinion

December 8, 1997

Appeal from the Supreme Court, Nassau County (Segal, J.).

Ordered that the order is affirmed, with costs.

It was not an improper delegation of authority for the court to direct the Fire Commissioners of the Hewlett Bay Fire District to remove material which constituted a violation of an order awarding the plaintiff a preliminary injunction, since there were specific standards provided in that order to guide the Fire Commissioners' actions (see generally, City of Amsterdam v. Helsby, 37 N.Y.2d 19).

The defendant's remaining contentions are without merit.

Miller, J. P., Pizzuto, Goldstein and Florio, JJ., concur.