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Matter of Noyes v. Slocum

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1964
21 A.D.2d 802 (N.Y. App. Div. 1964)

Opinion

June 10, 1964


Proceeding pursuant to article 78 of the Civil Practice Law and Rules, to review a determination of the respondent Rockland County Board of Supervisors, made December 26, 1963 after public hearing, establishing the Rockland County Sewer District No. 1. By order of the Supreme Court, Rockland County, made April 3, 1964 pursuant to statute (CPLR 7804, subd. [g]), the proceeding has been transferred to this court for disposition. Determination confirmed, without costs. In our opinion, no triable issues of fact have been raised in this proceeding. Upon the entire record we conclude that the determination of the respondent Board of Supervisors of Rockland County was supported by substantial evidence. Furthermore, we find that there has been a substantial compliance with the statutory requirements set forth in the relevant sections of the County Law. The contemplated sewer district should not be invalidated by technical deviations or variations from the letter of the statute or by minor irregularities which do not essentially affect the proceeding (cf. 63 C.J.S., Municipal Corporations, § 1379). Beldock, P.J., Kleinfeld, Christ, Rabin and Hopkins, JJ., concur.


Summaries of

Matter of Noyes v. Slocum

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1964
21 A.D.2d 802 (N.Y. App. Div. 1964)
Case details for

Matter of Noyes v. Slocum

Case Details

Full title:In the Matter of CLARENCE A. NOYES et al., Constituting the Town Board of…

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

Date published: Jun 10, 1964

Citations

21 A.D.2d 802 (N.Y. App. Div. 1964)

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