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MATTER OF NOWAK v. WERESZYNSKI

21 A.D.2d 427 (1964)

In the Matter of Leonard J. Nowak, Individually and as Comptroller of The City of Utica, Appellant, v. Vincent J. Wereszynski et al., Constituting The Common Council of the City of Utica, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 25, 1964.

Attorney(s) appearing for the Case

George L. Betro, Corporation Counsel (John E. Flemma of counsel), for appellant.

Durr & Keinz (Robert W. Durr of counsel), for Thomas A. Durr, respondent.

Hubbard, Felt & Fuller (Kenneth W. Fuller of counsel), for E. Porter Felt, respondent.

Wolfe, Brill & Kalil (Herbert Brill of counsel), for Fred Trino, respondent.

Irving Schwartz for Frank V. Andrello, respondent.

Harold Hymes for Vincent J. Wereszynski, respondent.

Charles L. Drake for Robert F. Lynch and others, respondents.

Walter Potocki and Ferdinand Tomaino for Louis F. Tomaino, respondent.

WILLIAMS, P. J., BASTOW, HENRY, NOONAN and DEL VECCHIO, JJ., concur.

Per Curiam.

We agree with the conclusion of Special Term that the proposed transfer of $250,000 by the Water Board to the City of Utica as set forth in the annual estimate of revenues submitted by the Board of Estimate and Apportionment to the Common Council was an illegal act.

A study of the ordinances adopted in 1938 when the city acquired a privately owned water works makes it clear that the revenues from...

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