Common Council v. Town Board

The merits of the proposed annexation are not involved in this proceeding nor do we reach the question as to whether or not a municipality may attack the validity of a statute, the petitioner on the oral argument stating that the individual respondents are properly before the court.

The People of the State of New York on November 5, 1963 adopted article IX (§ 1, subd. [d]) of the New York State Constitution which provides: “ (d) No local government or any part of the territory thereof shall be annexed to another until the people, if any, of the territory proposed to be annexed shall have…