MATTER OF MARCUS v. BARON


84 A.D.2d 118 (1981)

In the Matter of Robert B. Marcus et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. Morton Baron, as Presiding Supervisor of The Town of Ramapo, et al., Appellants In the Matter of Robert B. Marcus et al., Respondents, v. Morton Baron, as Presiding Supervisor of The Town of Ramapo, et al., Appellants

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

December 31, 1981


Attorney(s) appearing for the Case

Herschel Greenbaum (Robert H. Freilich of counsel), for appellants.

Krashes, Ross & Gess (Frank I. Brown of counsel), for respondents.

MOLLEN, P. J., and WEINSTEIN, J., concur with TITONE, J.; HOPKINS, J., dissents and votes to affirm the judgment, with an opinion.


TITONE, J.

Essentially, the issue presented on appeal is whether the appellant town, through its town board, had the power to adopt a local law requiring not only that any proposed incorporation of a village within the town borders comply with the provisions of section 3-302 of the Village Law which pertain to village officers and elections, but, in addition, that the proposed incorporation be in the over-all...

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