Savatgy v. City of Kingston

Burke and Keating, JJ.

(dissenting). In our opinion the enactment of the amendment of the zoning ordinance by the vote of 9 to 2 by the council members present and voting met the requirement of section 83 of the General- City Law; for ‘ ‘ a three-fourths vote of the council.” The 11 members present consti-• *265tuted a quorum, and the quorum constituted the Common Council on that day. The absence of two members made no difference. (See Matter of Lewis v. Mayor, 35 How. Prac. 162)

Had the Legislature intended section 83 of the General City Law to require a vote of three fourths of all the members of…