Summary
In Crouch v Funk, 263 AD 719, 30 NYS2d 649 (2nd Dept. 1941), Second Department held that the 1932 Town Law statutes that abolished district commissioners and put them under the jurisdiction of town boards only pertained to those districts that were created by the old Town Law, and not districts created by special statutes like the WRD statute.
Summary of this case from Siewert v. Greater Atlantic Beach Water Reclamation Dist.Opinion
November 3, 1941.
Present — Lazansky, P.J., Hagarty, Carswell, Taylor and Close, JJ.
On submission of a controversy upon agreed facts pursuant to sections 546-548, Civil Practice Act, judgment is unanimously directed for defendants, without costs, declaring that section 61 Town of the Town Law (Laws of 1932, chap. 634) did not repeal the provisions of article 13 of the General Municipal Law, with respect to the establishment of a recreation commission by the governing body of a town. We are of opinion that the abolition of every separate board of commissioners as set forth in section 61 of Town Law related to such boards as were created pursuant to the old Town Law and which had not been retained pursuant to the provisions of subdivision 10 of section 341 Town of the Town Law.