Opinion

Farlow v. Town Board of Brookhaven

  • 92 A.D.2d 938
  • 460 N.Y.S.2d 363
  • 1983 N.Y. App. Div. LEXIS 17348
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 28, 1983
Status
Published
Cited by
0 cases

The opinion

— In a proceeding to review a determination of the Brookhaven Town Board dated December 16,1980, which denied the proposed annexation of the Eastport Fire District from the Town of Brookhaven to the Town of Southampton, petitioners appeal from a judgment of the Supreme Court, Suffolk County (Jones, J.), entered October 9, 1981, which granted the respondents’ motion to dismiss the proceeding, inter alla, for lack of standing. Judgment affirmed, with $50 costs and disbursements. Appellants petitioned the Town Board of the Town of Brookhaven for the annexation of the Eastport Fire District from Brookhaven to the Town of Southampton. A joint hearing was held before the Town Boards of Brookhaven and Southampton on September 30,1980. On December 16,1980 the Brookhaven Town Board voted against annexation. It found that while the petition complied with the requirements of section 703 of the General Municipal Law, annexation was not in the public interest of Brookhaven. The Town of Southampton apparently approved annexation. Petitioners then instituted this proceeding to review the Brookhaven Town Board’s determination. We agree with Special Term that petitioners had no standing to commence the instant proceeding. A challenge to a governing board’s determination that annexation is not in the over-all public interest must be initiated in the Appellate Division of the Supreme Court by an affected governing board (General Municipal Law, § 712, subd 1). The Town of Southampton did not commence any proceeding to review the finding of the Brookhaven Town Board. Damiani, J. P., Thompson, O’Connor and Niehoff, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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