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ROCKLAND WOODS v. VIL. OF SUFFERN

40 A.D.2d 385 (1973)

Rockland Woods, Inc., et al., Plaintiffs v. Incorporated Village of Suffern, Defendant

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

February 13, 1973.

Attorney(s) appearing for the Case

Joseph Deutsch for plaintiffs.

John J. Byrne for defendant.

LATHAM, Acting P. J., SHAPIRO, GULOTTA and BRENNAN, JJ., concur.

CHRIST, J.

This case comes to us on an agreed statement of facts pursuant to CPLR 3222. The question presented is whether, under the facts of this case, the abstention from voting by a village trustee on a resolution before the village Board of Trustees should be counted as an affirmative vote.

The Board of Trustees of the defendant village, when fully constituted, consists of five members, the Mayor...

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