396.98
RESOLUTION EXPRESSING DESIRE FOR COURTS TO ADDRESS THE MERITS OF CASE
NO. 81633
RESOLUTION NO. 396.98
INTRODUCED BY:
MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION
SECONDED BY:
MR. PLINEY TUCKER
WHEREAS,
the Appellate Division, Third Judicial Department , of the New York State Supreme
Court has found the challenge to the Queensbury Town Board’s action in Case No. 81633
(barricading Fuller Road) to be barred by the four-month Statute of Limitations, and
WHEREAS,
this Town Board seeks a decision based on the merits of the case, not the Statute
of Limitations,
NOW, THEREFORE, BE IT
RESOLVED,
that the Queensbury Town Board supports the Appellants’ motion for permission to
reargue (or, in the alternative, for permission to appeal to the Court of Appeals) so that the case
may be decided on its legal merits.
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Duly adopted this 19 day of October, 1998 by the following vote:
AYES: Mr. Tucker, Mr. Irish
NOES: Mr. Merrill, Mr. Turner, Mr. Champagne
ABSENT: None