BLACK BROOK v. STATE


41 N.Y.2d 486 (1977)

Town of Black Brook, Respondent, v. State of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided March 31, 1977.


Attorney(s) appearing for the Case

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

Robert Rosenthal, Monsey, and Louis P. Meconi, Plattsburgh, for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL.

Plaintiff Town of Black Brook, one of numerous localities situated in the Adirondack Park region, seeks judgment, against the State, the agency, and related officials, declaring that the Adirondack Park Agency Act (Executive Law, art 27) violates the home rule provisions of article IX of the State Constitution. The appeal arises on defendants' motion to dismiss the complaint for the town...

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