Reister v. Town Board of Fleming

18 N.Y.2d 92 (1966)

In the Matter of Anna Reister et al., Individually and as Representatives of Fleming Citizens Committee, Appellants,

v.

Town Board of the Town of Fleming et al., Respondents.

Court of Appeals of the State of New York.

Argued May 2, 1966

Decided July 7, 1966.

Philip C. Pinsky and George Dacy for appellants.

Karl H. Schrade and James G. Cuddy for respondents.

Chief Judge DESMOND and Judges FULD and KEATING concur with Judge SCILEPPI; Judge VAN VOORHIS dissents in an opinion in which Judges BURKE and BERGAN concur.

SCILEPPI, J.

Pursuant to the pertinent provisions of the Town Law (§§…