MATTER OF WRIGHT v. TOWN BOARD OF TOWN OF CARLTON, 33 N.Y.2d 977 (1974)

353 N.Y.S.2d 739, 309 N.E.2d 137

In the Matter of DONALD A. WRIGHT et al., Appellants, v. TOWN BOARD OF TOWN OF CARLTON et al., Respondents.

Court of Appeals of the State of New York.Argued January 17, 1974
Decided February 14, 1974

Page 978

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, NORMAN A. STILLER, J.

Page 979

Steven B. Hughes and Michael A. Del Plato for appellants.

Curtis L. Lyman for respondents.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch an William J. Kogan of counsel), in his statutory capacity under section 71 of the Executive Law.

Order affirmed, without costs, on the opinion by Mr. Justice CARDAMONE at the Appellate Division.

Concur: Chief Judge BREITEL and Judges Jasen, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.

Page 980