[Download] "Matter F. J. Zeronda v. Town Board Town Halfmoon" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter F. J. Zeronda v. Town Board Town Halfmoon
- Author : Court of Appeals of New York
- Release Date : January 16, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
[37 N.Y.2d 198 Page 199] The present motion for leave to appeal from a non-final order may be entertained under CPLR 5602 (subd [a], par 2) if the Town Board here is a body of public officers within the meaning of that section. Depending on the procedural role of the municipal party in the cases before us, we have in the past determined that local municipalities and their governing boards do fall within the beneficial reach of that section. (E.g., Matter of Vanderveer v Van Rouwendaal, 35 N.Y.2d 643; Matter of Long Is. Light. Co. v Ambro, 32 N.Y.2d 610; Matter of Delaware Midland Corp. v Incorporated Vil. of Westhampton Beach, 30 N.Y.2d 487; Matter of Seifried v Town of Clarkstown, 16 N.Y.2d 485; Matter of Shell Oil Co. v Farrington, 14 N.Y.2d 490.) Where the municipality's procedural role has been different, however, we have concluded that it or the members of its governing boards are not public bodies for the purposes of the section. (E.g., Matter of Town of Bedford v Village of Mount Kisco, 27 N.Y.2d 725; Matter of Incorporated Vil. of Hewlett Bay Park [Klein], 19 N.Y.2d 747; Paliotto v Town of Islip, 16 N.Y.2d 871; Matter of Incorporated Vil. of Hempstead [Fichter], 304 NY 870.) Reconciliation of superficially inconsistent holdings in these cases is explained by reference to the legislative history of CPLR 5602 (subd [a], par 2). The section, conferring jurisdiction in our court to entertain appeals from non-final orders in a limited number of cases, replaced subdivision 2 of section [37 N.Y.2d 198 Page 200589]