34 A.D.2d 811 | N.Y. App. Div. | 1970
In an action for a declaratory judgment and injunctive relief, the cross appeals are from separate portions of an order of the Supreme Court, Kings County, dated February 18, 1969, as follows:Defendants appeal from so much of the order (1) as, in granting their cross motion to dismiss the complaint and supplemental complaint on the ground that Local Law 14 of the Local Laws of 1966 of the City of New York, as amended by Local Law 14 of the Local Laws of 1968 of the City of New York (the Air Pollution Control Law), is constitutional, excepted from that determination the provisions of said Local Law which prescribe (a) the dates for compliance with the Local Law by plaintiffs Oriental Boulevard Company and Concord Village Company and (b) the penalties for said plaintiffs’ noncompliance; and (2) as directed a hearing with respect to said excepted provisions of the Local Law as applied to said plaintiffs. Plaintiffs cross-appeal, as limited by their brief (in addition to the limitations in their notice of appeal) from so much of the order as (1) denied their motion for summary judgment declaring the Local Law unconstitutional per se, (2) enjoined enforcement of the Local Law, pendente lite, only as against plaintiffs Oriental Boulevard Company and Concord Village -Company, (3) dismissed the complaint in part