Thilly v. Village Clerk

Appellate Division of the Supreme Court of New York

Thilly v. Village Clerk

283 A.D. 663, 126 N.Y.S.2d 691, 1954 N.Y. App. Div. LEXIS 4824

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

DecidedJanuary 11, 1954

StatusPublished

This text of 283 A.D. 663 (Thilly v. Village Clerk) 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

Thilly v. Village Clerk, 283 A.D. 663, 126 N.Y.S.2d 691, 1954 N.Y. App. Div. LEXIS 4824 (N.Y. Ct. App. 1954).

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Opinion

In a proceeding under section 139-a of the Village Law, Special Term held illegal and insufficient the petition of appellants and others requesting that certain resolutions of the village be submitted to referendum for approval or disapproval of the electors, and that the village is not required to submit said resolutions to the electors. Order unanimously affirmed, without costs. It is provided by section 36.00 of the Local Finance Law that bond resolutions of the finance board of a village are not subject to a permissive referendum where part of the cost of a capital improvement is to be charged to benefited real property. The Legislature has specifically declared its intent that the Local Finance Law is to be the exclusive law on matters with which it deals (§ 176.00). In view of that declared intent, the order appealed from was properly made. Present — Nolan, P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ. [204 Misc. 628.]

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In a proceeding under section 139-a of the Village Law, Special Term held illegal and insufficient the petition of appellants and others requesting that certain resolutions of the village be submitted to referendum for approval or disapproval of the electors, and that the village is not required to submit said resolutions to the electors. Order unanimously affirmed, without costs. It is provided by section 36.00 of the Local Finance Law that bond resolutions of the finance board of a village are not subject to a permissive referendum where part of the cost of a capital improvement is to be charged to benefited real property. The Legislature has specifically declared its intent that the Local Finance Law is to be the exclusive law on matters with which it deals (§ 176.00). In view of that declared intent, the order appealed from was properly made. Present — Nolan, P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ. [204 Misc. 628.]

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Bluebook (online)

283 A.D. 663, 126 N.Y.S.2d 691, 1954 N.Y. App. Div. LEXIS 4824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thilly-v-village-clerk-nyappdiv-1954.

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