Matter of Waite v Town of Champion

Matter of Waite v Town of Champion 2017 NY Slip Op 02245 Decided on March 24, 2017 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 24, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ.
259 CA 16-01328

[*1]IN THE MATTER OF JENNIFER WAITE, DAVID WILLIAMS, JONATHAN SCHELL, DARRELL HARRIS AND JOSEPH LAWLER, RESIDENT TAXPAYERS, ELECTORS AND LEGAL VOTERS IN THE TOWN OF CHAMPION FIRE PROTECTION DISTRICT, PETITIONERS-APPELLANTS,

v

TOWN OF CHAMPION, RESPONDENT-RESPONDENT.

PINSKY LAW GROUP, PLLC, SYRACUSE (BRADLEY M. PINSKY OF COUNSEL), FOR PETITIONERS-APPELLANTS.

SLYE LAW OFFICES, P.C., WATERTOWN (ROBERT J. SLYE OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (James P. McClusky, J.), entered December 16, 2015 in a CPLR article 78 proceeding. The judgment dismissed the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners appeal from a judgment dismissing their CPLR article 78 petition seeking a determination that respondent's dissolution plan is void and a determination that respondent must comply with General Municipal Law, article 17-A, title 3. We agree with respondent that Supreme Court properly dismissed the petition inasmuch as respondent complied with the statute (see § 786 [1]). The majority of electors voted for dissolution of the Champion Fire Protection District, and respondent consequently fulfilled its duty of devising a dissolution plan (see § 782 [2]). Petitioners failed either to attain the requisite number of signatures to challenge the dissolution plan by referendum (see § 785 [2] [a]), or to petition for the establishment of a fire district (see Town Law § 171 [1]).

Entered: March 24, 2017

Frances E. Cafarell

Clerk of the Court