Opinion
April 17, 1995
Appeal from the Supreme Court, Suffolk County (Lama, J.).
Ordered that the order and judgment is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court's conclusion that the resolutions adopted by the Town Board of the Town of Brookhaven, dated November 15, 1988, were ineffective to amend the Zoning Code of the Town of Brookhaven, which had been enacted by Local Laws, 1987, No. 7 of the Town of Brookhaven. The doctrine of legislative equivalency requires that existing legislation may only be amended or repealed by the same means as was used to enact it (see, Matter of Gallagher v Regan, 42 N.Y.2d 230, 234). We find no merit to the Town's contention that the procedure followed for the passage of the resolution in question substantially complied with the requirements for the passage of a local law (see, Municipal Home Rule Law §§ 20, 27; Matter of Rockland Props. Corp. v Town of Brookhaven, 205 A.D.2d 518; cf., Alscot Investing Corp. v Laibach, 65 N.Y.2d 1042, 1044; Matter of Schilling v Dunne, 119 A.D.2d 179, 184). Mangano, P.J., Bracken, Balletta and O'Brien, JJ., concur.