Kepert v. Allan

Appellate Division of the Supreme Court of New York

Kepert v. Allan

287 A.D.2d 570, 731 N.Y.S.2d 664, 2001 N.Y. App. Div. LEXIS 9578

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

DecidedOctober 15, 2001

StatusPublished

Cited by2 cases

This text of 287 A.D.2d 570 (Kepert v. Allan) 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

Kepert v. Allan, 287 A.D.2d 570, 731 N.Y.S.2d 664, 2001 N.Y. App. Div. LEXIS 9578 (N.Y. Ct. App. 2001).

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Opinion

—In a hybrid proceeding pursuant to CPLR article 78 to review a determination of Stanley Allan, Town Clerk of the Town of Brook-haven, dated September 23, 1999, which determined that the petitioners’ application to establish a ward system for the election of members of the Town Council of the Town of Brookhaven was invalid, and an action for a judgment declaring that Local Laws, 1999, No. 3 of the Town of Brookhaven is invalid, the appeal is from a judgment of the Supreme Court, Suffolk County (Berler, J.), dated June 20, 2000, which, inter alia, declared that Local Laws, 1999, No. 3 of the Town of Brookhaven is invalid.

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly declared that Local Laws, 1999, No. 3 of the Town of Brookhaven (hereinafter the Local Law) is invalid, since it is inconsistent with Town Law § 81 (2) (b). Furthermore, it impermissibly provided additional requirements regarding the authorization of referenda relating to the establishment of ward districts in the Town of Brookhaven (see, Municipal Home Rule Law § 10 [1] [i], [ii]). Accordingly, because the Local Law restricts the authorization of permitted referenda, it is an improper use of the Town’s supersession powers (see, Municipal Home Rule Law § 10 [1] [ii] [d] [3]). O’Brien, J. P., Florio, Feuerstein and Smith, JJ., concur.

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—In a hybrid proceeding pursuant to CPLR article 78 to review a determination of Stanley Allan, Town Clerk of the Town of Brook-haven, dated September 23, 1999, which determined that the petitioners’ application to establish a ward system for the election of members of the Town Council of the Town of Brookhaven was invalid, and an action for a judgment declaring that Local Laws, 1999, No. 3 of the Town of Brookhaven is invalid, the appeal is from a judgment of the Supreme Court, Suffolk County (Berler, J.), dated June 20, 2000, which, inter alia, declared that Local Laws, 1999, No. 3 of the Town of Brookhaven is invalid.

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly declared that Local Laws, 1999, No. 3 of the Town of Brookhaven (hereinafter the Local Law) is invalid, since it is inconsistent with Town Law § 81 (2) (b). Furthermore, it impermissibly provided additional requirements regarding the authorization of referenda relating to the establishment of ward districts in the Town of Brookhaven (see, Municipal Home Rule Law § 10 [1] [i], [ii]). Accordingly, because the Local Law restricts the authorization of permitted referenda, it is an improper use of the Town’s supersession powers (see, Municipal Home Rule Law § 10 [1] [ii] [d] [3]). O’Brien, J. P., Florio, Feuerstein and Smith, JJ., concur.

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Bluebook (online)

287 A.D.2d 570, 731 N.Y.S.2d 664, 2001 N.Y. App. Div. LEXIS 9578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kepert-v-allan-nyappdiv-2001.

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