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MATTER OF KEPERT v. ALLAN

287 A.D.2d 570 (2001)

731 N.Y.S.2d 664

In the Matter of CONSTANCE KEPERT et al., Respondents, v. STANLEY ALLAN, as Town Clerk of the Town of Brookhaven, et al., Appellants, et al., Respondents.

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

Decided October 15, 2001.

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly declared that Local Laws, 1999, No. 3 of the Town of Brookhaven (hereinafter the Local Law) is invalid, since it is inconsistent with Town Law § 81 (2) (b). Furthermore, it impermissibly provided additional requirements regarding the authorization of referenda relating to the establishment of ward districts in the Town of Brookhaven (see, Municipal Home Rule...

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