Matter of Board of Trustees of Inc. Vil. of E. Williston v. Board of Trustees of the Inc. Vil. of Williston Park
This text of 119 A.D.3d 679 (Matter of Board of Trustees of Inc. Vil. of E. Williston v. Board of Trustees of the Inc. Vil. of Williston Park) 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.
Opinion
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the Incorporated Village of Williston Park dated March 7, 2011, which increased the rate for water services charged to the petitioner, the appeal is from a judgment of the Supreme Court, Nassau County (Cozzens, Jr., J.), dated July 23, 2012, which granted that branch of the petition which was to annul the determination on the ground that it was made in violation of lawful procedure.
Ordered that the judgment is affirmed, with costs.
The Supreme Court properly annulled the determination on the ground that the appellant failed to hold a required hearing (see CPLR 7803 [3]; Code of Village of Williston Park § 225-20 [A]; cf. Town Bd. of Town of Poughkeepsie v City of Poughkeepsie, 22 AD2d 270, 275-276 [1964]).
The parties’ remaining contentions are either without merit or academic in light of our determination.
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119 A.D.3d 679, 988 N.Y.S.2d 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-board-of-trustees-of-inc-vil-of-e-williston-v-board-of-nyappdiv-2014.