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examined
Cited "see"
People v. Djekich
(3×)
(See Village of Southampton v. Platt (1978) 43 N.Y.2d 848 [ 402 N.Y.S.2d 1005, 1006 , 373 N.E.2d 1229 ]; Incorporated Village of Mill Neck v. Fronsdal (1972) 39 A.D.2d 549 [ 332 N.Y.S.2d 53, 55 ]; see People v. Briary Improvement Corp. (1973) 77 Misc.2d 797 [ 357 N.Y.S.2d 336, 337 ], affd. (1974) 34 N.Y.2d 788 [ 358 N.Y.S.2d 775 , 315 N.E.2d 814 ].) 9 Within the civil penalty context, such a provision authorizing the imposition of a minimum civil penalty per violation, with each day constituting a separate violation, could not because of its civil character be subject to challenge under the co…
discussed
Cited "see"
Village of Southampton v. Platt
This provision does not permit imposition of cumulative fines in excess of $250 for a single but continuing violation (Incorporated Vil. of Mill Neck v Fronsdal, 39 AD2d 549, 550 ; see People v Briary Improvement Corp., 34 NY2d 788 , affg 77 Misc 2d 797 , involving a similar provision in the Second Class Cities Law; cf. People v Fremd, 41 NY2d 372 , 374-375, construing a provision of the General City Law which contained no equivalent limitation).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Briary Improvement Corporation
v.
Briary Improvement Corporation
New York Court of Appeals.
Jun 5, 1974.
315 N.E.2d 814
Eugene J. Fox, Corporation Counsel (Peter V. Evans of counsel), for appellant., Albert N. Romano for respondent.
Cited by 5 opinions | Published
Order affirmed on the memorandum at the Appellate Term.
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.