Appellate Division of the Supreme Court of New York, 1979

Colacino v. Board of Trustees

Colacino v. Board of Trustees
Appellate Division of the Supreme Court of New York · Decided February 28, 1979
67 A.D.2d 1108; 414 N.Y.S.2d 1021; 1979 N.Y. App. Div. LEXIS 10932
Colacino v. Board of Trustees

Opinion of the Court

— Judgment unanimously affirmed, without costs. Memorandum: We affirm for the reasons stated at Special Term. There is no need to determine that sections 95 through 106 of the Public Officers Law supersede section 22-2200 of the Village Law since the petition fails to allege an intentional failure fully to comply with the notice provisions required by article 7 of the Public Officers Law. An unintentional failure of notice is not grounds for vacating the village enactment (Public Officers Law, § 102, subd 1). (Appeal from judgment of Wayne Supreme Court — art 78.) Present — Cardamone, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.

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