Amatulli v. Sweeney
| Decision Date | 02 July 1962 |
| Citation | 17 A.D.2d 631,230 N.Y.S.2d 677 |
| Parties | In the Matter of Angelo AMATULLI, Petitioner-Respondent, v. Robert J. SWEENEY, Mayor, Henry M. Altengarten et al., constituting the Village Board of the Incorporated Village of Freeport; and Leonard D. B. Smith, Treasurer of the Village, Appellants. |
| Court | New York Supreme Court — Appellate Division |
John O. Tessier, Village Atty., Freeport, for appellants; Eugene L. Weisbein, Freeport, of counsel.
Nathan P. Zablow, Freeport, for respondent.
In a proceeding under article 78 of the Civil Practice Act, to annul the determination, made September 18, 1961, by the Village Board of the Incorporated Village of Freeport, establishing a new Municipal Board of Water and Light Commission and abolishing such an existing commission which had been created in 1955; to compel the restoration of petitioner and his co-commissioners as members of the first 1955 commission, and for other related relief, the Village Board and the Village Treasurer appeal from an order of the Supreme Court, Nassau County, dated January 19, 1962, which denied their cross motion to dismiss the petition on the ground that it is insufficient in law; granted the petition upon the merits; annulled the determination of the Village Board; held the 1955 commission to have been legally constituted; held the new commission to be unlawful and restrained its members from acting; and directed the payment of back salary to petitioner and his co-commissioners as members of the first commission. Order affirmed, with costs. No opinion. 33 Misc.2d 324, 224 N.Y.S.2d 330.
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Gerzof v. Sweeney
...obtained a court order directing their reinstatement. (Matter of Amatulli v. Sweeney, 33 Misc.2d 324, 224 N.Y.S.2d 330, affd. 17 A.D.2d 631, 230 N.Y.S.2d 677.)2 This prophylactic policy found expression in the rule which underlay our 1965 decision in the present case. As we then had occasio......
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Gerzof v. Sweeney
...obtained an order directing their reinstatement. (Matter of Amatulli v. Sweeney, 33 Misc.2d 324, 224 N.Y.S.2d 330, affd. 17 A.D.2d 631, 230 N.Y.S.2d 677.) However, before such reistatement was effected, the chairman's term expired and a new chairman was appointed in his Some months later, t......
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Gerzof v. Sweeney
...trial, dismissing the complaint. Judgment affirmed, without costs. No opinion. [For prior related appeal, see Matter of Amatulli v. Sweeney, 17 A.D.2d 631, 230 N.Y.S.2d 677, affg. 33 Misc.2d 324, 224 N.Y.S.2d BELDOCK, P. J., and KLEINFELD, CHRIST, RABIN and HOPKINS, JJ., concur. ...
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