Opinion
May 2, 1949.
Present — Nolan, P.J., Johnston, Adel, Sneed and Wenzel, JJ. [See post, p. 944.]
In an action for a judgment declaring illegal and void a certain ordinance of the City of Yonkers, adopted by the City Council of that city in 1939, and known as General Ordinance No. 30 of the year 1939, amending the city's zoning ordinance and accompanying map by changing the zone classification of a stated area, declaring illegal and void an issued building permit for the construction of a garage in such rezoned district, and for injunctive relief, judgment dismissing the complaint on the merits, after trial before an Official Referee, unanimously affirmed, without costs. Section 23 Gen. City of the General City Law, cited by appellants, provides for the exercise of the powers granted to cities by article 2-A of the General City Law, commonly known as the "Home Rule Act", and has no application to the exercise of the power of amendment, alteration and change granted by section 83 Gen. City of the General City Law. This latter section specifies the official body which may exercise the power granted by it and the manner in which such power shall be exercised. The questioned ordinance was adopted in compliance with that section.