In a recent decision, Sunrise Check Cashing and Payroll Services, Inc. v. Town of Hempstead, 91 A.D.3d 126, 933 N.Y.S.2d 388 (2d Dept. 2011), the Appellate Division, Second Department, invalidated Section 302(K) of the Town of Hempstead Building Zone Ordinance (“BZO”) based on the doctrine of conflict preemption.

Section 302(K) of the BZO was…