22 N.E.2d 365 | NY | 1939
In January, 1939, the appellant, Francis W. Greene, was appointed Acting Police Justice of the village of Ossining. He requested the Board of Trustees of the village to adopt a resolution fixing his compensation in accordance with the provisions of section 184 of the Village Law (Cons. Laws, ch. 64). The Board of Trustees formally refused on the ground that "Section 184 of the Village Law is not applicable to the Village of Ossining, and that the compensation of the Acting Police Justice of the Village is governed by Section 145 of the Village Charter (chapter
Some of the villages of the State have been incorporated under general laws. Other villages have been incorporated "under and subject to a special law." The Village Law of the State (Laws of 1909, ch.
It is plain that section 380 applies only to villages incorporated under special laws which are not repealed. There the provisions of the special law continue to govern the powers, liabilities and responsibilities of the villages incorporated under the special law and of officers of such villages, where such provisions are inconsistent with the provisions of the general Village Law. The village of Ossining is not incorporated under a general law. Though incorporated in 1813 it received a new charter by special act of the Legislature in 1910, chapter
The Legislature, by chapter
The amendatory statute, if valid, could by its terms apply only to the village of Ossining, for chapter
We have said that "if the act by its terms was applicable to a class, it did not cease to be general though the fact would appear, if extrinsic evidence were received, that it was local in effect. (Matter of N.Y. El. R.R. Co.,
The judgment should be affirmed, without costs.
CRANE, Ch. J., HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur; O'BRIEN, J., taking no part.
Judgment affirmed. *266