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DuBOIS v. TOWN BD. OF NEW PALTZ

35 N.Y.2d 617 (1974)

In the Matter of Henry W. DuBois, Individually and as Mayor of the Village of New Paltz, Appellant, v. Town Board of the Town of New Paltz, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

J. Philip Zand for appellant.

Wendell D. Harp for respondent.

Louis J. Lefkowitz, Attorney-General (Michael F. Colligan and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

John V. Rogowski, Town Attorney (Deanne C. Siemer of counsel), for Town of Cheektowaga, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, RABIN and STEVENS concur.

JONES, J.

We hold that there is no constitutional infirmity in the Legislature's delegation to a town in which there is an incorporated village which forms a separate road district, of authority to impose town highway taxes on real property which lies within the village. Nor is it constitutionally objectionable that the Legislature has also delegated an associated discretionary...

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