MATTER OF BRYDON CONSTR. CORP. v. TOWN OF NEW WINDSOR


28 Misc.2d 462 (1961)

In the Matter of Brydon Construction Corp., Petitioner, v. Town of New Windsor et al., Respondents.

Supreme Court, Trial and Special Term, Orange County.

April 14, 1961


Attorney(s) appearing for the Case

Bryant Fischler for petitioner. Maharay, Ewing & McCann (Arthur O. Maharay of counsel), for Town of New Windsor and another, respondents.


LEONARD J. SUPPLE, J.

The petition will be dismissed. A permanent injunction cannot be obtained under article 78 of the Civil Practice Act. Epstein Co. v. City of New York, 100 N.Y.S.2d 326.) Further, if this proceeding be regarded as an application for an order in the nature of certiorari, the court could interfere only if the Town Board did not have jurisdiction of the subject matter, or exceeded its jurisdiction, or did not exercise its authority...

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