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ROZLER v. FRANGER

61 A.D.2d 46 (1978)

Urban Rozler, as Mayor of the Village of Lancaster, et al., Individually and on Behalf of The Village of Lancaster, Respondents-Appellants, v. William R. Franger et al., Individually and as Trustees of The Village of Lancaster, et al., Appellants-Respondents; Louis J. Lefkowitz, as Attorney-General of The State of New York, Respondent

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

January 20, 1978

Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel (Edward J. Murty, Jr., of counsel), for appellants-respondents.

Louis J. Lefkowitz, Attorney-General (Elaine Weiss, Ruth Kessler Toch, Michael G. Wolfgang and Maryann S. Freedman of counsel), for respondent.

Donald A. Walsh for New York State Conference of Mayors and Municipal Officials, amicus curiae.

MARSH, P. J., CARDAMONE, DILLON and WITMER, JJ., concur.

HANCOCK, JR., J.

We construe section 10 (subd 1, par [ii], cl e, subcl [3]) of the Municipal Home Rule Law as permitting a village to amend or supersede the Village Law with respect to its own property, affairs or government, and hold that section 10 as so construed is constitutional.

The instant proceeding arises from the enactment by the appellants-respondents...

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