Opinion · Nylaw New York

MATTER OF MAPES v. SWEZEY, 278 App. Div. 959 (1951)

278 App. Div. 959

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1951-06-13
Topic: general

MATTER OF MAPES v. SWEZEY, 278 App. Div. 959 (1951) In the Matter of EDGAR MAPES, Respondent, against JOHN R. SWEZEY, as Mayorof the Village of Patchogue, et al., Appellants, and LOUIS F. FELICE et al.,Respondents.Appellate Division of the Supreme Court of New York, Second Department.

Citator

UpLaw has not yet analyzed MATTER OF MAPES v. SWEZEY, 278 App. Div. 959 (1951). The absence of a flag is not a finding that it is good law.

MATTER OF MAPES v. SWEZEY,278 App. Div. 959(1951)

In the Matter of EDGAR MAPES, Respondent, against JOHN R. SWEZEY, as Mayor

of the Village of Patchogue, et al., Appellants, and LOUIS F. FELICE et al.,

Respondents.

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

June 13, 1951.

Proceeding under article 78 of the Civil Practice Act. Appeal from an order denying appellants' motion to dismiss the petition and granting them leave to serve an answer within ten days. Order affirmed, with $10 costs and disbursements, with leave to appellants to answer within five days after the entry of the order hereon. Only the petition may be considered on this motion. The court has jurisdiction where the petition contains facts which entitle petitioner prima facie to the relief sought, there being no disputed question of fact, only an issue of law. (Matter of Felicev.Swezey, ante, p. 958, decided herewith.) It is alleged in the petition that Mazzotti is not eligible to be elected a trustee because he was not an owner of record of real property in the village at the time of his purported election. Petitioner is entitled to a ruling to that effect. (Village Law, § 42;Matter of Becraftv.Strobel,158 Misc. 844,850, affd.248 App. Div. 810, affd.274 N.Y. 577.) The appeal from the refusal to sign a proposed order submitted is dismissed. Carswell, Johnston, Wenzel and MacCrate, JJ., concur; Nolan, P.J., concurs in result. [199 Misc. 997.]