Summary
In Kaser we held that the description of certain boundaries in the proposed Village of Kaser, through the use of tax lot lines, "failed to comply with Village Law § 2-202 (1) (c) (1), which specifically states which formats are acceptable to define a proposed village's territory" (Matter of Village of Kaser, supra, at 321).
Summary of this case from Matter of Inc. of the Proposed Vil. of MonseyOpinion
September 8, 1986
Appeal from the Supreme Court, Rockland County (Marbach, J.).
Cross appeal dismissed, without costs or disbursements (see, Parochial Bus Sys. v Board of Educ., 60 N.Y.2d 539).
Judgment affirmed, without costs or disbursements, without prejudice to a renewed application in the Supreme Court, Rockland County, by the petitioners to present their allegations of selective enforcement.
Under the circumstances of this case, expedient service on 400 individual objectors was proper (CPLR 308). Additionally, the map and written description of the boundaries of the petitioners' proposed Village of Kaser, which defined certain boundaries in terms of tax lot lines, failed to comply with Village Law § 2-202 (1) (c) (1), which specifically states which formats are acceptable to define a proposed village's territory. However, since the petitioners have stated certain new facts which, if true, would support their allegation that the town is selectively enforcing Village Law § 2-202 (1) (c) (1), we affirm without prejudice to a motion for renewal in the Supreme Court, Rockland County. Brown, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.