Conklin v. Town Board

Appellate Division of the Supreme Court of New York

Conklin v. Town Board

53 A.D.2d 668, 385 N.Y.S.2d 1023, 1976 N.Y. App. Div. LEXIS 13409

Appellate Division of the Supreme Court of the State of New York·Decided June 21, 1976·Published

Opinion

In a proceeding pursuant to CPLR article 78 inter alia to compel respondent to reinstate petitioners as members of the Planning Board of the Town of Warwick, petitioners appeal (by permission) from an order of the Supreme Court, Orange County, entered April 7, 1976, which, inter alia, refused to determine the proceeding on the ground that issues of fact and law were presented which required a plenary trial. Order affirmed, without costs or disbursements. The order of Special Term was properly made. We do not reach the other questions raised in the briefs. Martuscello, Acting P. J., Cohalan, Damiani, Shapiro and Titone, JJ., concur.

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In a proceeding pursuant to CPLR article 78 inter alia to compel respondent to reinstate petitioners as members of the Planning Board of the Town of Warwick, petitioners appeal (by permission) from an order of the Supreme Court, Orange County, entered April 7, 1976, which, inter alia, refused to determine the proceeding on the ground that issues of fact and law were presented which required a plenary trial. Order affirmed, without costs or disbursements. The order of Special Term was properly made. We do not reach the other questions raised in the briefs. Martuscello, Acting P. J., Cohalan, Damiani, Shapiro and Titone, JJ., concur.

Conklin v. Town Board, 53 A.D.2d 668, 385 N.Y.S.2d 1023, 1976 N.Y. App. Div. LEXIS 13409 (N.Y. Ct. App. 1976).

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53 A.D.2d 668 (Conklin v. Town Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.