N. HEMPSTEAD v. WESTBURY


182 A.D.2d 272 (1992)

Town of North Hempstead et al., Appellants, v. Incorporated Village of Westbury et al., Respondents, et al., Defendant. (Action No. 1.) Incorporated Village of Great Neck Plaza, Respondent-Appellant, v. Town of North Hempstead et al., Appellants-Respondents. (Action No. 2.)

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

August 17, 1992


Attorney(s) appearing for the Case

Winston & Strawn, New York (Joseph DiBenedetto of counsel), and Ivan Kline, Town Attorney, Manhasset, for appellants in Action No. 1 and appellants-respondents in Action No. 2 (One brief filed.)

Spellman & Walsh, Garden City (John M. Spellman, John P. Gibbons, Jr., and Kevin M. Walsh of counsel), for Incorporated Village of Mineola, respondent.

Jerome F. Matedero, Village Attorney, Westbury, and Fulbright & Jaworski, New York (Lawrence W. Boes, Edward Dolido and Bruce H. Charnov of counsel), for Incorporated Village of Westbury, respondent. (One brief filed.)

Meltzer, Lippe, Goldstein, Wolf, Schlissel & Sazer, P. C., Mineola (Richard A. Lippe and Stephen A. Mendelsohn of counsel), for respondent-appellant.

Robert Abrams, Attorney-General, New York (Gordon J. Johnson and Peter H. Schiff of counsel), for State of New York, intervenor.

Meyer, Suozzi, English & Klein, P. C., Mineola (A. Thomas Levin of counsel), for Incorporated Village of Baxter Estates and others, amici curiae.

A. Kevin Crawford, Albany, for Association of Towns of the State of New York, amicus curiae.

Twomey, Latham, Shea & Kelley, Riverhead (Stephen B. Latham and Maureen T. Liccione of counsel), for Town of Babylon and others, amicus curiae.

Donna M. C. Giliberto, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

BRACKEN, J. P., SULLIVAN, LAWRENCE and RITTER, JJ., concur.


Per Curiam.

These appeals and cross appeal arise from two separate actions. The actions raise similar legal questions and are based on the same statutes and local laws. Since the legislative history of the statutes involved is indispensable to an understanding of the dispute, we initially set forth the relevant history.

I

In 1983 the New York State Legislature enacted Laws of 1983 (ch 299), requiring, ...

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