19 A.D.2d 824 | N.Y. App. Div. | 1963
Order, entered October 23, 1963, denying petition for judgment declaring invalid Local Law, No. 51 of the Local Laws of 1963 of the City of New York and enjoining submission of Proposition Number One to the voters on November 5, 1963, unanimously affirmed, without costs to any party. It is clear enough that in the absence of express statutory authority, an advisory referendum by a city is not authorized {Mills v. Sweeney, 219 N. Y. 213, 221). It is also clear that the City of New York possesses no such authority. It is equally clear that a legislative referendum is not authorized unless specifically required by statute {Matter of McCabe v. Voorhis, 243 N. Y. 401, 413, involving an abortive attempt to submit to the public the question of a rapid transit fare increase). It has also been held that a transparent attempt to formulate