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TN. OF BLACK BROOK v. STATE OF N. Y.

49 A.D.2d 417 (1975)

Town of Black Brook, Appellant, v. State of New York et al., Respondents

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

November 26, 1975

Attorney(s) appearing for the Case

Louis P. Meconi (Robert Rosenthal of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Murray Susswein, Ruth Kessler Toch and Stanley Fishman of counsel), for respondents.

HERLIHY, P. J., MAIN, LARKIN and REYNOLDS, JJ., concur.

GREENBLOTT, J.

The plaintiff town commenced a declaratory judgment action to declare article 27 of the Executive Law (Adirondack Park Agency Act) unconstitutional, contending that because the act diminishes and impairs its powers to zone pursuant to the Statute of Local Governments (§ 10) and because it was passed by only one session of the Legislature, that the act is void under article IX of the New York Constitution (§ 2, subd [b], par [1...

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