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HAMPTON HEIGHTS DEV. CORP. v. BD. OF WATER SUPPLY OF THE CITY OF UTICA

140 A.D.2d 958 (1988)

Hampton Heights Development Corporation et al., Appellants, v. Board of Water Supply of the City of Utica et al., Respondents. (Action No. 1.) City of Utica Board of Water Supply, Plaintiff, v. Tom Nelson, Individually and as Comptroller of The City of Utica, Respondent, et al., Defendant. (Action No. 2.) (Appeal No. 1.)

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

May 27, 1988

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: We modify the judgment to the extent of invalidating that portion of the local law providing that each member of the Board of Water Supply of the City of Utica will serve for a five-year term. Because the Mayor of the City of Utica serves only a four-year term, this provision allows a Mayor to bind his successor, and is, therefore, invalid in the absence...

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