Matter of Town Bd. of Town of Clarkstown v. Sterngass

Full title: In the Matter of the TOWN BOARD OF THE TOWN OF CLARKSTOWN et al.…

Court: Court of Appeals of the State of New York

Date published: Oct 19, 1976

357 N.E.2d 1017 (N.Y. 1976)

357 N.E.2d 1017

389 N.Y.S.2d 362

Opinion

Argued September 16, 1976

Decided October 19, 1976

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WILLIAM A. WALSH, JR., J.

Eugene N. Cavallo, Jr., for appellants.

Rubin Sterngass, appellant pro se. Murray N. Jacobson, Town Attorney (Joseph Deutsch of counsel), for respondents.

Order reversed, without costs, and the judgment of Supreme Court, Rockland County, reinstated. On close balance the court favors the findings of fact by Special Term (see Cohen and Karger, Powers of the New York Court of Appeals, § 112).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.