People ex Rel. Regan v. York

1 Citing case

  1. Hubbard v. Onondaga County Dept. of Health

    219 A.D.2d 832 (N.Y. App. Div. 1995)   Cited 1 times

    We reverse. Ordinarily, extrinsic evidence is inadmissible to contradict, supplement, add to or explain municipal records, including the minutes of a town board meeting (see, Matter of Sloane v Walsh, 245 N.Y. 208, 214; People ex rel. Barr v Zeyst, 23 N.Y. 140; Loos v City of New York, 257 App. Div. 219, 223; People ex rel. Lynch v Pierce, 149 App. Div. 286, 288-289; People ex rel. Regan v York, 78 App. Div. 432, 435-436, affd 174 N.Y. 533; 5 McQuillin, Municipal Corporations § 14.07, at 17-18 [3d ed 1988]; 6 McQuillin, id., § 22.42, at 491-493). Extrinsic evidence was admissible, however, to prove that the action taken at the Town Board meeting was not recorded in the minutes of the meeting because of the inadvertence of the Town Clerk (see, Parr v President of Vil. of Greenbush, 72 N.Y. 463, 466-468; 5 McQuillin, op. cit., § 14.08, at 21-22; see also, Northern Operating Corp. v Town of Ramapo, 26 N.Y.2d 404, 408).