Town of Johnstown v. City of Gloversville

This is an appeal from an order of the Supreme Court, Fulton County, granting respondent, Town of Johnstown, permission to file a resolution opposing a proposed annexation beyond the time provided by section 711 (subd. 2, par. b) of the General Municipal Law.

Special Term had no jurisdiction to grant the order here involved and this is so whether we consider the proceeding in the court below a special proceeding or a motion. CPLR 103 (subd. [b]) provides that: ‘‘ All civil judicial proceedings shall be prosecuted in the form of an action, except where prosecution in the form of a special…