Common Council v. Town Board

Appellate Division of the Supreme Court of New York

Common Council v. Town Board

40 A.D.2d 615, 335 N.Y.S.2d 714, 1972 N.Y. App. Div. LEXIS 3928

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

DecidedSeptember 13, 1972

StatusPublished

Cited by3 cases

This text of 40 A.D.2d 615 (Common Council 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

Common Council v. Town Board, 40 A.D.2d 615, 335 N.Y.S.2d 714, 1972 N.Y. App. Div. LEXIS 3928 (N.Y. Ct. App. 1972).

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Opinion

Application by petitioner pursuant to section 712 of the General Municipal Law to confirm report of Referees and for judgment (1) that the proposed annexation of certain territory in the Town of Norwich to the City of Norwich is in the over-all public interest and (2) that the territory be annexed without the necessity of calling a special election pursuant to section 713 of the General Municipal Law. During the proceedings before the Referees, respondent advised that it would not oppose the annexation and the present application is unopposed. We find the proposed annexation to be in the over-all public interest. Since each of the five eligible voters residing in the territory to be annexed testified at the hearing before the Referees that he was in favor of annexation and would so vote if an election were held for that purpose, the statutory special election can be dispensed with (see Matter of City of Saratoga Springs v. Town of Greenfield, 34 A D 2d 364, 368, mot. for lv. to app. den. 28 N Y 2d 482). Application granted, without costs. Herlihy, P. J., Greenblott, Sweeney, Simons and Reynolds, JJ., concur.

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Application by petitioner pursuant to section 712 of the General Municipal Law to confirm report of Referees and for judgment (1) that the proposed annexation of certain territory in the Town of Norwich to the City of Norwich is in the over-all public interest and (2) that the territory be annexed without the necessity of calling a special election pursuant to section 713 of the General Municipal Law. During the proceedings before the Referees, respondent advised that it would not oppose the annexation and the present application is unopposed. We find the proposed annexation to be in the over-all public interest. Since each of the five eligible voters residing in the territory to be annexed testified at the hearing before the Referees that he was in favor of annexation and would so vote if an election were held for that purpose, the statutory special election can be dispensed with (see Matter of City of Saratoga Springs v. Town of Greenfield, 34 A D 2d 364, 368, mot. for lv. to app. den. 28 N Y 2d 482). Application granted, without costs. Herlihy, P. J., Greenblott, Sweeney, Simons and Reynolds, JJ., concur.

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Bluebook (online)

40 A.D.2d 615, 335 N.Y.S.2d 714, 1972 N.Y. App. Div. LEXIS 3928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/common-council-v-town-board-nyappdiv-1972.

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