Scott v. Manilla

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court erred in denying defendants’ motion for summary judgment dismissing plaintiffs’ first cause of action alleging that the 1966 Zoning Ordinance was enacted in violation of the notice requirements of Town Law § 264. Town Law § 134, relating to proof of ordinances and maps, provides that "[t]he certificate of the town clerk setting forth that the records of the town show the adoption of one or more ordinances and the publishing thereof as required by this chapter…