Queensbury Ass'n v. Town Board

OPINION OF THE COURT

Thomas E. Mercure, J.

Petitioners have instituted the within proceeding in the nature of mandamus pursuant to CPLR article 78 to compel the respondent* to call a special election for the consideration of a proposition for the purchase and establishment of a town park on Round Pond pursuant to Town Law § 81. Respondent moves to dismiss and petitioners cross-move for summary judgment for the relief demanded in the petition. The cross motion must be denied as premature, inasmuch as issue is not yet joined (see, CPLR 3212 [a]; 7804 [f]; Key Bank v Lake Placid Co., 103 AD2d 19,…