MATTER OF MARCUS v. Baron

*134Hopkins, J. (dissenting).

I dissent and vote to affirm.

The question before us deals with the quantity and quality of power delegated to municipalities by the State. Originally and historically, a municipal corporation is a political subdivision of the State, created by the Legislature for the exercise of such governmental powers as may be entrusted to it (People ex rel. Wood v Draper, 15 NY 532, 562; Trenton v New Jersey, 262 US 182; cf. Bank of Chenango v Brown, 26 NY 467; see Frug, The City as a Legal Concept, 93 Harv L Rev 1059, 1104, 1109-1112); the method of creating municipal…