Berg v. Gerber

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

*856If, as was concluded at the Appellate Division, the provisions of section 24 of the Town Law are controlling, the affirmance should be for the reasons stated by that court. If, on the other hand, as appellant contends in our court, the provisions of article 3-A, and in particular title 4 thereof, are controlling, there should also be an affirmance.

In our court petitioner points-to the fact that the town has both stipulated and admitted, by failing to deny the allegation of paragraph 3 of the…