Opinion
03-24-2017
In the Matter of Jennifer WAITE, David Williams, Jonathan Schell, Darrell Harris and Joseph Lawler, Resident Taxpayers, Electors and Legal Voters in the Town of Champion Fire Protection District, Petitioners–Appellants, v. TOWN OF CHAMPION, Respondent–Respondent.
Pinsky Law Group, PLLC, Syracuse (Bradley M. Pinsky of Counsel), for petitioners-appellants. Slye Law Offices, P.C., Watertown (Robert J. Slye of Counsel), for respondent-respondent.
Pinsky Law Group, PLLC, Syracuse (Bradley M. Pinsky of Counsel), for petitioners-appellants.
Slye Law Offices, P.C., Watertown (Robert J. Slye of Counsel), for respondent-respondent.
MEMORANDUM:
Petitioners appeal from a judgment dismissing their CPLR article 78 petition seeking a determination that respondent's dissolution plan is void and a determination that respondent must comply with General Municipal Law, article 17–A, title 3. We agree with respondent that Supreme Court properly dismissed the petition inasmuch as respondent complied with the statute (see § 786[1] ). The majority of electors voted for dissolution of the Champion Fire Protection District, and respondent consequently fulfilled its duty of devising a dissolution plan (see § 782[2] ). Petitioners failed either to attain the requisite number of signatures to challenge the dissolution plan by referendum (see § 785[2][a] ), or to petition for the establishment of a fire district (see Town Law § 171[1] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
SMITH, J.P., CARNI, NEMOYER, CURRAN, and TROUTMAN, JJ., concur.