Opinion
February 13, 1962
In an action to restrain the defendants from awarding contracts for the erection of an incinerator plant in the Town of Islip; to compel defendants to limit the payments therefor to the funds previously authorized by the Town Board resolution and by the public referendum; and to restrain the Town Board from making such payments from any other town moneys, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County, dated September 29, 1961, as denied their motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice. Order, insofar as appealed from, reversed, with $10 costs and disbursements, and defendants' motion for summary judgment granted. In our opinion, upon the record presented, no real issue survives for trial. It was solely within the competence of the Town Board to determine the comprehensiveness and the propriety of the contracts let for the incinerator plant, provided only that the actual final aggregate amount of such contracts does not exceed the limits fixed by the Town Board resolution and the public referendum authorizing the improvement. The undisputed facts here show that the actual final aggregate amount of the contracts let and to be let will be within such limits. Beldock, P.J., Ughetta, Hill, Rabin and Hopkins, JJ., concur.