BUILDERS' COUNCIL OF SUBURBAN NEW YORK, INC. v. CITY OF YONKERS


79 A.D.2d 696 (1980)

Builders' Council of Suburban New York, Inc., et al., Respondents, v. City of Yonkers et al., Appellants

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

December 29, 1980


Judgment affirmed, without costs or disbursements.

Local Law No. 3 and RPAPL article 7-A are directed at the same subject matter and are inconsistent. Thus, Local Law No. 3 is pre-empted by article 7-A (see NY Const, art IX, § 2, subd [c]; Municipal Home Rule Law, § 10, subd 1, par [i]). Moreover, the local law denies multiple dwelling owners their right to procedural due process. It is replete with various improper and illegal provisions. Thus, Special Term correctly declared the law to be unconstitutional, illegal and void.


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