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Court of Appeals of New York


City of Utica v. Town of Frankfort, 20

In special proceeding under article 17 of the General Municipal Law where petitioner sought annexation of property owned by intervenor-respondents, judgment granting the petition is modified where the Appellate Division erred as a matter of law when it dispensed with a required special election. The special election required in a Municipal Annexation Law proceeding cannot be dispensed with no matter how few eligible voters there are or how superfluous such election might be.

Appellate Information

  • Decided 02/14/2008
  • Published 02/14/2008

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  • Court of Appeals of New York

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