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MTR. OF COM. COUN., ALBANY v. TOWN BD.

23 A.D.2d 381 (1965)

In the Matter of The Common Council of the City of Albany, Petitioner, and Leonard W. Everhart, Intervenor-Petitioner, v. Town Board of the Town of Bethlehem, Respondent, and Clayton B. Hall et al., Intervenors-Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 8, 1965.

Attorney(s) appearing for the Case

John W. Hacker, Corporation Counsel (Howard C. Nolan, Jr., of counsel), for petitioner.

George Myers for intervenor-petitioner.

Arthur E. McCormick, Carl O. Olson and Arnold W. Proskin for respondents and intervenors-respondents.

Louis J. Lefkowitz, Attorney-General (Emil Woldar and Paxton Blair of counsel), pursuant to section 71 of the Executive Law.

GIBSON, P. J., TAYLOR, AULISI and HAMM, JJ., concur.

HERLIHY, J.

The merits of the proposed annexation are not involved in this proceeding nor do we reach the question as to whether or not a municipality may attack the validity of a statute, the petitioner on the oral argument stating that the individual respondents are properly before the court.

The People of the State of New York on November 5, 1963 adopted article IX (§ 1, subd. [d]) of the New...

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