Colello v. Town Board

Appellate Division of the Supreme Court of New York

Colello v. Town Board

251 A.D.2d 404, 672 N.Y.S.2d 819, 1998 N.Y. App. Div. LEXIS 6574

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 8, 1998

StatusPublished

This text of 251 A.D.2d 404 (Colello v. Town Board) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colello v. Town Board, 251 A.D.2d 404, 672 N.Y.S.2d 819, 1998 N.Y. App. Div. LEXIS 6574 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondents that the petitioner is not entitled to a defense at the expense of the Town of Orangetown in an action entitled Sluys v Colello, Rockland County Index No. 3335/95, the petitioner appeals from a judgment of the Supreme Court, Rockland County (Sherwood, J.), entered March 19, 1997, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Town Board of the Town of Orangetown adopted a resolution that the petitioner is not entitled to a defense at the expense of the Town in a taxpayers’ suit entitled Sluys v Colello, Rockland County Index No. 3335/95. Since the resolution was lawfully adopted in accordance with Town of Orange-town Code § 19A-4 (A), which was in effect at the time, the Supreme Court properly denied the petition and dismissed the proceeding.

The petitioner’s remaining contentions are without merit. Ritter, J. P., Thompson, Altman and McGinity, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the respondents that the petitioner is not entitled to a defense at the expense of the Town of Orangetown in an action entitled Sluys v Colello, Rockland County Index No. 3335/95, the petitioner appeals from a judgment of the Supreme Court, Rockland County (Sherwood, J.), entered March 19, 1997, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Town Board of the Town of Orangetown adopted a resolution that the petitioner is not entitled to a defense at the expense of the Town in a taxpayers’ suit entitled Sluys v Colello, Rockland County Index No. 3335/95. Since the resolution was lawfully adopted in accordance with Town of Orange-town Code § 19A-4 (A), which was in effect at the time, the Supreme Court properly denied the petition and dismissed the proceeding.

The petitioner’s remaining contentions are without merit. Ritter, J. P., Thompson, Altman and McGinity, JJ., concur.

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Bluebook (online)

251 A.D.2d 404, 672 N.Y.S.2d 819, 1998 N.Y. App. Div. LEXIS 6574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colello-v-town-board-nyappdiv-1998.