Appellate Division of the Supreme Court of New York, 1965

Halls v. Van Buren

Halls v. Van Buren
Appellate Division of the Supreme Court of New York · Decided July 13, 1965 · Memo, Randum
24 A.D.2d 693; 261 N.Y.S.2d 349; 1965 N.Y. App. Div. LEXIS 3563
Halls v. Van Buren

Opinion of the Court

Memorandum by the Court.

It was correctly held at Special Term that under the statutory provision that, in lieu of any other prescribed residency requirement, the board of trustees of a village may provide that any appointed village officer may reside within the town in which the village is located (see Village Law, § 4-404, subd. 2, and former § 43, subd. 1), affirmative and specific action by the board is contemplated and that the more appointment of petitioner, a resident of the town but not of the village, did not have that effect (Opinion, 46 Misc 2d 703.) Judgment affirmed, without costs. Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.

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