26 A.D.2d 804 | N.Y. App. Div. | 1966
— [10794 and 10796] Orders, entered October 4, 1966, in the above-entitled proceedings, pursuant to section 330 of the Election Law, enjoining the City Clerk from performing certain acts with respect to the submission of a proposed local law to the electors, reversed on the law, on the facts, and in the exercise of discretion, and the petitions dismissed, without costs or disbursements to any party. Concur—■ Breitel, J. P., Rabin and Steuer, JJ.; McNally and Capozzoii, JJ., dissent in a memorandum by McNally, J. [10795] Order, entered October 4, 1966, in the above-entitled proceeding pursuant to section 37 of the Municipal Home Rule Law, granting application of petitioner Monplaisir to discontinue the proceeding, unanimously affirmed, without costs or disbursements to any party. Concur — Breitel, J. P., Rabin, McNally, Steuer and Capozzoii, JJ. [10794, 10795 and 10796] On the above appeals the questions are separable. Petitioner Monplaisir,
(Eepublished)
The motion to discontinue and the order entered on the motion actually refer only to Mrs. Monplaisir, one of the three petitioners in the section 37 proceeding, although it is evident that Mrs. Monplaisir’s lawyer was seeking to discontinue the proceeding in its entirety. Of course, if there was no valid discontinuance of the proceeding as to petitioners Yorke and Ekwurzel, the proceeding is still extant. Notably, the later section 330 proceeding was brought by Mrs. Monplaisir alone.