Nassau County v. Incorporated Village of Woodsburgh
| Decision Date | 22 March 1983 |
| Citation | 461 N.Y.S.2d 1008,58 N.Y.2d 996,448 N.E.2d 793 |
| Parties | , 448 N.E.2d 793 COUNTY OF NASSAU et al., Respondents, v. INCORPORATED VILLAGE OF WOODSBURGH et al., Appellants, and Ferne M. Steckler et al., Intervenors-Appellants. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 88 A.D.2d 965, 451 N.Y.S.2d 813, should be affirmed, with costs.
In 1937, the Incorporated Village of Woodsburgh elected to become a part of the Nassau County Police District, thus merging its police department with the county police department. Implicit in this merger and the relevant provisions of the Nassau County Charter is a proscription against the maintenance by the village of a separate police department. Accordingly, plaintiffs were properly awarded relief in the form of an injunction prohibiting defendants from employing village constables to perform police functions, permitting the constables to perform police functions and using village funds to pay the salaries of such constables. The question whether the village can withdraw from the Nassau County Police District is not before us. Inasmuch as no question is presented on this appeal with respect to the nonfinal and expressly severed portion of the determination below, the question certified by the Appellate Division is not answered as unnecessary.
Order affirmed, with costs, in a memorandum. Question certified not answered as unnecessary.
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