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MTR. OF DART v. HOWELL

45 A.D.2d 47 (1974)

In the Matter of John Dart, on Behalf of Himself and All Others Similarly Situated, Appellant, v. Charles F. Howell, as Supervisor of The Town of Lansing, et al., Respondents

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

June 6, 1974.

Attorney(s) appearing for the Case

Wiggins, Tsapis, Holmberg & Gersh (David B. Gersh of counsel), for appellant.

Mazza, Williamson & Clune (Robert I. Williamson of counsel), for Charles F. Howell, respondent.

Helen Amdur for Amdur, Smidt & MacAdam, respondents.

HERLIHY, P. J., COOKE, KANE and MAIN, JJ., concur.

SWEENEY, J.

This is an appeal from so much of a judgment of the Supreme Court at Special Term, entered October 25, 1973 in Tompkins County, which sustained a petition for village incorporation of a territory in the Town of Lansing determined by the Supervisor of said town to be in full compliance with article 3 of the Village Law, ordered a temporary restraining order vacated, and dismissed petitioner's application in a proceeding pursuant to article...

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