Bismark v. Incorporated Village of Bayville

In an action to declare void an amendment (adopted March 29, 1963) to a zoning ordinance of the defendant village, and for other relief, the defendants appeal: (1) from an order of the Supreme Court, Nassau County, dated December 3, 1963, which granted the plaintiff’s motion for summary judgment with respect to the second cause of action, severed the action accordingly, and directed that judgment be entered declaring that the paid purported amendment of March 29, 1963 was void because it was not enacted in compliance with the statute (Village Law, § 179, subd. 1); and (2) from a judgment of…