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MATTER OF CITY OF PORT JERVIS v. TOWN OF DEER PARK

169 A.D.2d 764 (1991)

In the Matter of City of Port Jervis, Petitioner, v. Town of Deer Park, Respondent

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

January 22, 1991

Ordered that the motion is denied and the cross motion is granted, without costs or disbursements, and it is further,

Adjudged that the report of the Referees is rejected, without costs or disbursements, it is declared that annexation is not in the over-all public interest, and the annexation proceeding is dismissed. "Although the Referees' report is entitled to great weight, it is advisory only, with this court retaining exclusive

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