New York Court of Appeals, 1983

Kelly v. Chester Fire District

Kelly v. Chester Fire District
New York Court of Appeals · Decided September 20, 1983
60 N.Y.2d 660; 467 N.Y.S.2d 832; 455 N.E.2d 485; 1983 N.Y. LEXIS 3365

Kelly v. Chester Fire District

Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs. Wé agree with the Appellate Division that the acts here challenged are ultra vires and that the plaintiffs are not entitled to relief under general equitable principles or the doctrine of estoppel.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.

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