Sweeney v. Farrington

William R. Beenxax, Jr., J.

Both sides move for summary judgment in this taxpayer’s action brought pursuant to section 51 of the General Municipal Law. The complaint seeks a judgment declaring certain items in the 1963 budget of the Town of Hempstead illegal and enjoining the defendants from levying and collecting such portions of the 1963 town highway tax as are attributable to the alleged illegal items.

Such facts as are before the court are not in dispute. Sometime prior to October 30, 1962, the town officials, pursuant to law, formulated the preliminary 1963 budget and provided for a public…