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MATTER BOARD TRUSTEES VILLAGE SCOTIA v. TOWN BOARD TOWN GLENVILLE (04/24/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT


April 24, 1969

IN THE MATTER OF BOARD OF TRUSTEES OF THE VILLAGE OF SCOTIA, PETITIONER,
v.
TOWN BOARD OF THE TOWN OF GLENVILLE, RESPONDENT, AND MARION E. KOLAKOWSKI ET AL., INTERVENORS-RESPONDENTS

Gibson, P. J., Reynolds, Staley, Jr., Cooke and Greenblott, JJ., concur in memorandum Per Curiam.

Author: Per Curiam

Application by petitioner to confirm report of Referees and for judgment that the proposed annexation of certain territory in the Town of Glenville to the Village of Scotia is in the over-all public interest. Application granted, without costs. We approve and confirm the Referees' report, findings and conclusions (except the finding of respondent's request No. 2, which we reverse) 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.)

Disposition

Application granted, without costs.

19690424

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