Appellate Division of the Supreme Court of the State of New York December 8, 2009 (Town of Poughkeepsie v. River Terminal Services, LLC)

*855Contrary to the defendant’s contention, the Supreme Court providently exercised its discretion in granting the plaintiff s motion for a preliminary injunction compelling the defendant to stop using the subject portion of the property at issue as a truck terminal area (see Town Law § 268; Town of Riverhead v Gezari, 63 AD3d 1042, 1042-1043 [2009]; Matter of 550 Halstead Corp. v Zoning Bd.