Zahra v. Town of Southold

• Decision Date: 10 June 1991
• Citation: 573 N.Y.S.2d 870,174 A.D.2d 626
• Parties: In the Matter of Charles ZAHRA, Respondent, v. The TOWN OF SOUTHOLD, et al, Appellants.
• Court: New York Supreme Court — Appellate Division

Page 870

573 N.Y.S.2d 870

174 A.D.2d 626

In the Matter of Charles ZAHRA, Respondent, v. The TOWN OF SOUTHOLD, et al, Appellants.

Supreme Court of New York, Appellate Division, Second Department.

June 10, 1991

Smith, Finkelstein, Lundberg, Isler and Yakaboski, Riverhead (Frank A. Isler and Francis Yakaboski, of counsel), for appellants. Wickham, Wickham & Bressler, P.C., Mattituck (Eric J. Bressler and Joseph C. Savino, of counsel), for respondent.

In a proceeding pursuant to CPLR article 78, inter alia, to direct Victor Lessard, as principal building inspector of the Town of Southold, to conduct an insulation inspection of the petitioner's building, the appeal is from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), entered December 22, 1989, which granted the relief requested. ORDERED that the judgment is affirmed; and it is further, ORDERED that the stay of enforcement of the judgment provided by CPLR 5519(a)(1) and (e) is vacated forthwith; and it is further, ORDERED that the respondent is awarded one bill of costs. Contrary to the contentions of the appellants, we find that the Supreme Court properly ordered the building inspector to conduct an insulation inspection of the petitioner's building (see, Town Law § 138; Klostermann v. Cuomo, 61 N.Y.2d 525, 539-540, 475 N.Y.S.2d 247, 463 N.E.2d 588).

SULLIVAN, J.P., and LAWRENCE, ROSENBLATT and RITTER, JJ., concur.