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Matter of Leman v. Quinn

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 452 (N.Y. App. Div. 1991)

Opinion

February 4, 1991


Ordered that the motion is granted; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, with costs.

We note initially that the petitioners are not residents of the Village of Nyack and thus lack standing to bring this proceeding (see, Matter of Citizens Council v Moore, 55 A.D.2d 911). In any event, there is no merit to the petitioners' claim that the village officials acted in violation of the Municipal Home Rule Law in enacting Local Laws, 1990, Nos. 6 and 7 of the Village of Nyack. Indeed, those officials were clearly authorized by Village Law § 8-800, to enact Local Law, 1990, No. 6 of the Village of Nyack, abo lishing the Police Department. Moreover, the officials properly followed the provisions set forth in Village Law §§ 9-900 and 9-902 with regard to holding a referendum. Since, pursuant to Village Law § 3-301 (2) (b), a village is not required to have an assessor, the enactment of Local Law, 1990, No. 7 of the Village of Nyack, inter alia, abolishing that office, was also proper. Mangano, P.J., Thompson, Bracken, Brown and Kunzeman, JJ., concur.


Summaries of

Matter of Leman v. Quinn

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 452 (N.Y. App. Div. 1991)
Case details for

Matter of Leman v. Quinn

Case Details

Full title:In the Matter of JAMES LEMAN et al., Petitioners, v. KIERAN QUINN et al.…

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

Date published: Feb 4, 1991

Citations

170 A.D.2d 452 (N.Y. App. Div. 1991)
565 N.Y.S.2d 541