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Matter of Elevitch v. Colello

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1990
168 A.D.2d 681 (N.Y. App. Div. 1990)

Opinion

December 31, 1990

Appeal from the Supreme Court, Rockland County (Lange, J.).


Ordered that the appeal from the order dated June 30, 1989, is dismissed, without costs or disbursements; and it is further,

Ordered that the cross appeal and the purported cross appeal are dismissed (see, Parochial Bus Sys. v. Board of Educ., 60 N.Y.2d 539), without costs or disbursements; and it is further,

Ordered that the judgment is affirmed, without costs or disbursements.

The appeal from the intermediate order must be dismissed because no appeal lies therefrom as of right and, in any event, it was superseded by the judgment.

The petition for incorporation was legally insufficient in that it did not include a "complete" list of the regular inhabitants of the territory in accordance with clear statutory mandate (see, Village Law § 2-202 [c] [2]; Matter of Luria v. Conklin, 139 A.D.2d 650; Matter of Village of Viola Hills [Lempent — Conklin], 129 A.D.2d 579).

We have considered the respondents-appellants' contentions that the incorporation petition was legally insufficient for two additional reasons: (1) that the description of the proposed village territory did not comply with the statute, and (2) that the proposed village territory was gerrymandered, and find both to be without merit (see, Village Law § 2-202 [c] [1]; § 2-206; Matter of Village of Airmont, 144 A.D.2d 465; Matter of Rose v. Barraud, 61 Misc.2d 377, affd. 36 A.D.2d 1025). Bracken, J.P., Kooper, Miller and Ritter, JJ., concur.


Summaries of

Matter of Elevitch v. Colello

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1990
168 A.D.2d 681 (N.Y. App. Div. 1990)
Case details for

Matter of Elevitch v. Colello

Case Details

Full title:In the Matter of CAROL K. ELEVITCH et al., Appellants-Respondents, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 31, 1990

Citations

168 A.D.2d 681 (N.Y. App. Div. 1990)

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