Order affirmed insofar as appealed from, with $10 costs and disbursements to petitioners against appellant.
Hopkins, Acting P. J., and Shapiro, J., dissent and vote to reverse the order insofar as appealed from and to grant the motion to dismiss the petition, with the following memorandum:
We are of the opinion that subdivision 7-a of section 89 of the Village Law is a permissive statute rather than one that is self-executing. If the governing body of a village...
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