Opinion
Argued January 18, 1968
Decided February 14, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK A. GULOTTA, J.
C. Ellis Schiffmacher and James T. Rochford for appellant.
Irving Levine for respondents.
Order affirmed, without costs. Petitioner is free to submit its application to the Village Board of Trustees. In the event that that body refuses to act on the application pursuant to sections 145 and 146 of the Village Law or engages in other dilatory tactics, petitioner will be free to compel the trustees to act.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.