Nelson v. Mundt — 27 N.Y.2d 515

Majority

p. 515

Robert Nelson et al., Doing Business as Bridon Realty Co., Respondents, v. Paul F. Mundt et al., Constituting the Town Board of the Town of Clarkstown et al., Appellants.

Argued April 13, 1970;

decided May 14, 1970.

p. 516

Donald S. Tracy, Town Attorney (I. Walter Werner of counsel), for appellants.

David W. Silverman for respondents.

Order affirmed, with costs, upon the ground that the ordinance is invalid for lack of legislative authority to enact it. No opinion;

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.