Opinion
November 6, 1961
In an action by a taxpayer of the City of Peekskill for a judgment declaring illegal and void a certain bond ordinance adopted by defendants, and to enjoin the issuance of the bonds pursuant to the ordinance, the plaintiff appeals: (1) from an order of the Supreme Court, Westchester County, entered May 24, 1961, granting defendants' motion, pursuant to rule 106 of the Rules of Civil Practice, to dismiss his complaint on the ground that it does not state facts sufficient to constitute a cause of action; and (2) from the judgment of said court entered June 2, 1961 upon said order. Order and judgment affirmed, without costs. No opinion. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.