Maylender v. Morrison

260 A.D. 892, 22 N.Y.S.2d 555, 1940 N.Y. App. Div. LEXIS 5244

Opinion

Appeal from an order of the Supreme Court for Fulton county, entered September 25, 1940, which dismissed a petition for an alleged amendment to the charter of the city of Johnstown. The trial court held that the petition did not present an amendment, as contemplated by section 19-a of the City Home Rule Law, but was in effect a proposal to create a new city charter. In our view a mere inspection of the document presented sustains this decision. Order appealed from unanimously affirmed, with costs. Solely upon appellant’s request we hereby certify that a question of law is presented which ought to be reviewed by the Court of Appeals. Present — Hill, P. J., Crapser, Heffernan, Schenck and Foster, JJ.