Opinion
February 26, 1962
In an action for a judgment: (1) to declare null and void a portion of subdivision 1 of section 277 Town of the Town Law (as amd. by L. 1959, ch. 846, eff. April 24, 1959) and a regulation of the Town Board adopted thereunder; and (2) to enjoin the defendants from enforcing a resolution of the Town Board insofar as it requires plaintiff to pay to the town the sum of $2,300 as a condition of approval of plaintiff's subdivision plan and map, defendants appeal from an order of the Supreme Court, Orange County, dated February 14, 1961, which granted plaintiff's motion for summary judgment striking out the answer of the defendants, pursuant to rule 113 of the Rules of Civil Practice; which struck out the answer; and which directed the entry of judgment in favor of plaintiff in accordance with the relief demanded in the complaint. Order affirmed, with $10 costs and disbursements. We agree with the determination of Special Term that the statute in question is unconstitutional as applied to the facts of this case. Beldock, P.J., Christ, Hill, Rabin and Hopkins, JJ., concur. [ 25 Misc.2d 1004.]