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TOWNOF CARMEL, res, v. CHARLES MELCHNER, ETAL., ap

TOWNOF CARMEL, res, v. CHARLES MELCHNER, ETAL., ap — (INDEX NO. 1805/09)APPEAL by the defendants, in an action to permanently enjoin them from continuing their use of certain docks on Lake Mahopac in the Town of Carmel, as limited by their brief, from so much of an order of the Supreme Court (Francis A. Nicolai, J.), dated July 21, 2010, and entered in Putnam County, as (1), in effect, upon renewal, adhered to the determination in an order of the same court dated August 19, 2009 (Andrew P. O'Rourke, J.), granting the plaintiff's motion for a preliminary injunction, and (2) denied that branch of their motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint for failure to state a cause of action.

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TOWNOF CARMEL, res, v. CHARLES MELCHNER, ETAL., ap — (INDEX NO. 1805/09)APPEAL by the defendants, in an action to permanently enjoin them from continuing their use of certain docks on Lake Mahopac in the Town of Carmel, as limited by their brief, from so much of an order of the Supreme Court (Francis A. Nicolai, J.), dated July 21, 2010, and entered in Putnam County, as (1), in effect, upon renewal, adhered to the determination in an order of the same court dated August 19, 2009 (Andrew P. O’Rourke, J.), granting the plaintiff’s motion for a preliminary injunction, and (2) denied that branch of their motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint for failure to state a cause of action.

Andrew C. Quinn, White Plains, N.Y., for appellants.

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