Briarwood Builders, Inc. v. Shearer

—Judgment unanimously reversed on the law without costs, motion denied and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in failing to permit respondents to answer the petition and in sua sponte granting the petition. The act that petitioners seek to compel, the certification that the Village of Webster will furnish an adequate and satisfactory water supply to a proposed subdivision located in the Town of Webster, is not purely ministerial, but rather, involves the exercise of discretion. Thus, this proceeding is in…