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MATTER COMMON COUNCIL CITY GLOVERSVILLE v. TOWN BOARD TOWN JOHNSTOWN (01/03/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT


January 3, 1969

IN THE MATTER OF COMMON COUNCIL OF THE CITY OF GLOVERSVILLE, PETITIONER,
v.
TOWN BOARD OF THE TOWN OF JOHNSTOWN, RESPONDENT, AND UNION FREE SCHOOL DISTRICT NO. 18 OF THE TOWN OF JOHNSTOWN, INTERVENOR-RESPONDENT

Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.

Application by petitioner pursuant to section 712 of the General Municipal Law to confirm report of Referees and for judgment (1) that the proposed annexation of certain territory in the Town of Johnstown to the City of Gloversville is in the over-all public interest and (2) that the territory be annexed without the necessity of calling a special election pursuant to section 713 of the General Municipal Law. Application granted, without costs. There is no opposition to petitioner's application. We approve and confirm the Referees' report, findings and conclusion and determine that the proposed annexation is in the over-all public interest. The territory here involved, being uninhabited, may be annexed without compliance with section 713 of the General Municipal Law. (See Matter of Common Council of City of Middletown v. Town Bd. of Town of Wallkill, 29 A.D.2d 561.)

19690103

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