R. W. D. Jewett v. Luau-Nyack Corp.

Appellate Division of the Supreme Court of New York

R. W. D. Jewett v. Luau-Nyack Corp.

36 A.D.2d 632, 319 N.Y.S.2d 421, 1971 N.Y. App. Div. LEXIS 4731

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

DecidedFebruary 16, 1971

StatusPublished

This text of 36 A.D.2d 632 (R. W. D. Jewett v. Luau-Nyack Corp.) 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

R. W. D. Jewett v. Luau-Nyack Corp., 36 A.D.2d 632, 319 N.Y.S.2d 421, 1971 N.Y. App. Div. LEXIS 4731 (N.Y. Ct. App. 1971).

Pincite

Opinion

Christ, Brennan and Benjamin, JJ., concur; Hopkins, Acting P. J., and Shapiro, J., dissent and vote to reverse the order insofar as appealed from and to grant the motion to dismiss the petition, with the following memorandum: We are of the opinion that subdivision 7-a of section 89 of the Village Law is a permissive statute rather than one that is self-executing. If the governing body of a village desires to exercise the powers granted under the statute, it must first enact a local ordinance adopting such powers (cf. 23 Op. St. Comp., 1967, p. 779). If the village elects to use the power of the statute by virtue of adopting a resolution coupled with an order, it must follow the same procedures mandated for the enactment of an ordinance (Village Law, §§ 90, 92). The Village of Upper Nyack did not follow these procedures and the petition should therefore be dismissed.

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Christ, Brennan and Benjamin, JJ., concur; Hopkins, Acting P. J., and Shapiro, J., dissent and vote to reverse the order insofar as appealed from and to grant the motion to dismiss the petition, with the following memorandum: We are of the opinion that subdivision 7-a of section 89 of the Village Law is a permissive statute rather than one that is self-executing. If the governing body of a village desires to exercise the powers granted under the statute, it must first enact a local ordinance adopting such powers (cf. 23 Op. St. Comp., 1967, p. 779). If the village elects to use the power of the statute by virtue of adopting a resolution coupled with an order, it must follow the same procedures mandated for the enactment of an ordinance (Village Law, §§ 90, 92). The Village of Upper Nyack did not follow these procedures and the petition should therefore be dismissed.

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Bluebook (online)

36 A.D.2d 632, 319 N.Y.S.2d 421, 1971 N.Y. App. Div. LEXIS 4731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-w-d-jewett-v-luau-nyack-corp-nyappdiv-1971.