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,
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.)
Application granted, without costs.
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