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TOWN OF PARMA v. BD TRUSTEES

CA 09-00363.

69 A.D.3d 117 (2009)

888 N.Y.S.2d 332

In the Matter of TOWN BOARD OF TOWN OF PARMA, Respondent, v. BOARD OF TRUSTEES OF VILLAGE OF HILTON et al., Respondents, and JAMES BEEHLER et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 9, 2009.

Attorney(s) appearing for the Case

Knauf Shaw LLP, Rochester (Alan J. Knauf of counsel), for appellants.

Harter Secrest & Emery LLP, Rochester (Edward F. Premo, III, of counsel), for Town Board of Town of Parma, respondent.

Scolaro, Shulman, Cohen, Fetter & Burstein, P.C., Rochester (Ronald A. Mittleman of counsel), for Board of Trustees of Village of Hilton and another, respondents.

MARTOCHE, J.P., SMITH, PERADOTTO and CARNI, JJ., concur.

OPINION OF THE COURT

GREEN, J.

Article 17 of the General Municipal Law, known as the Municipal Annexation Law, sets forth the procedural steps to be followed when a municipality seeks to acquire territory lying within the boundaries of an adjacent municipality (see generally Matter of City Council of City of Watervliet v Town Bd. of Town of Colonie, 3 N.Y.3d 508, 513-514 [2004]). We are primarily concerned on this...

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