Opinion
Argued May 17, 2001.
October 15, 2001.
In a hybrid proceeding pursuant to CPLR article 78 to review a determination of Stanley Allan, Town Clerk of the Town of Brookhaven, dated September 23, 1999, which determined that the petitioners' application to establish a ward system for the election of members of the Town Council of the Town of Brookhaven was invalid, and an action for a judgment declaring that Local Laws, 1999, No. 3 of the Town of Brookhaven is invalid, the appeal is from a judgment of the Supreme Court, Suffolk County (Berler, J.), dated June 20, 2000, which, inter alia, declared that Local Laws, 1999, No. 3 of the Town of Brookhaven is invalid.
Schapiro Reich, Lindenhurst, N.Y. (Perry S. Reich and Steven M. Schapiro of counsel), for appellants.
Before: CORNELIUS J. O'BRIEN, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, without costs or disbursements.
The Supreme Court properly declared that Local Laws, 1999, No. 3 of the Town of Brookhaven (hereinafter the Local Law) is invalid, since it is inconsistent with Town Law § 81(2)(b). Furthermore, it impermissibly provided additional requirements regarding the authorization of referenda relating to the establishment of ward districts in the Town of Brookhaven (see, Municipal Home Rule Law § 10[i], [ii]). Accordingly, because the Local Law restricts the authorization of permitted referenda, it is an improper use of the Town's supersession powers (see, Municipal Home Rule Law § 10[ii][d][3]).
O'BRIEN, J.P., FLORIO, FEUERSTEIN and SMITH, JJ., concur.