Town of Babylon v Goldstein

[*1] Town of Babylon v Goldstein 2012 NY Slip Op 51971(U) Decided on October 11, 2012 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 11, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., MOLIA and LaCAVA, JJ
2011-1661 S C.

Town of Babylon, Respondent,

against

Barry Goldstein, Appellant.

Appeal from an order of the District Court of Suffolk County, Second District (Joseph A. Santorelli, J.), dated April 22, 2011. The order, insofar as appealed from, denied defendant's motion for a protective order vacating a notice of inspection served by plaintiff and directed defendant to permit inspection.

ORDERED that the order, insofar as appealed from, is reversed, without costs, defendant's motion for a protective order vacating the notice of inspection is granted and the provision directing defendant to permit inspection is stricken.

For the reasons stated in Town of Babylon v Goldstein (___ Misc 3d ___, 2012 NY Slip Op _____ [Appeal No. 2011-1660 S C], decided herewith), the order, insofar as appealed from, is reversed, defendant's motion for a protective order vacating the notice of inspection is granted and the provision directing defendant to permit inspection is stricken.

Iannacci, J.P., Molia and LaCava, JJ., concur.
Decision Date: October 11, 2012