Opinion
November 6, 1961
In an action by a resident taxpayer: (a) to declare the provisions of chapter 87 of the Laws of 1961 to be void and unconstitutional and inapplicable to the City of Yonkers; (b) to enjoin the defendants from incurring any liability incident to said statute which may be a charge upon the City of Yonkers; and (c) to enjoin defendants from taking any official acts in furtherance of the purpose of the statute, plaintiff appeals: (1) from an order of the Supreme Court, Westchester County, dated June 7, 1961, which denied his motion for an injunction pendente lite, which in effect granted the several cross motions of the defendants and the intervenor-defendant to dismiss the complaint for patent insufficiency and for judgment on the pleadings, and which directed judgment on the merits in their favor declaring that said statute insofar as it affects the City of Yonkers, "is in all respects valid and constitutional"; and (2) from the judgment of the same court entered upon said order, on the same date, declaring the statute constitutional insofar as it affects the City of Yonkers. Order and judgment affirmed, without costs. No opinion. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.