Unger v. Nugent

This is an article 78 proceeding in the nature of mandamus wherein the petitioner, a resident of the Town of Ramapo, seeks an order directing the respondents, respectively the Town Clerk and Supervisor of the Town of Ramapo, to perform the ministerial acts enjoined upon them by sections 21 and 22 of the Village Law.

The respondents initially did not answer the petition, but interposed objections in point of law thereto pursuant to section 1293 of the Civil Practice Act. The alleged basis for the objections were that, first, the proceedings were not timely brought under section 1286 of the…