General
Richard Haas et al., Constituting the Board of Trustees of the Incorporated Village of Lake Success, et al., Respondents, v. Eugene H. Nickerson et al., as the Nassau County Board of Supervisors, Appellants
27 A.D.2d 842·New York Supreme Court, Appellate Division·1967·NY
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Opinion
Richard Haas et al., Constituting the Board of Trustees of the Incorporated Village of Lake Success, et al., Respondents, v. Eugene H. Nickerson et al., as the Nassau County Board of Supervisors, Appellants.
[MAJORITY]
Order of the Supreme Court, Nassau County, dated June 29, 1966, affirmed, with one bill of $10 costs and disbursements to respondents. In our opinion, the County of Nassau may not acquire land by condemnation within a village except with the approval of the Village Board of Trustees (County Government Law of Nassau County, § 2103 [L. 1936, ch. 879, as amd.]; cf. People v. Fisher, 189 App. Div. 148, affd. 233 N. Y. 663; Matter of Citizens’ Water Works Co. v. Parry, 128 N. Y. 669; Society of N. Y. Hosp. v. Johnson, 5 N Y 2d 102). Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.