21 A.D.2d 693 | N.Y. App. Div. | 1964
In a proceeding pursuant to article 78 of the Civil Practice Law and Rules, to declare the invalidity of a local law enacted by the Village of Croton-on-Hudson, and for the related injunctive relief stated below, the petitioners appeal from a judgment of the Supreme Court, Westchester County, entered February 6, 1964, which dismissed their petition without prejudice to the institution of a plenary action. The judgment was entered pursuant to a prior order of the court, dated January 24, 1964, which granted respondents’ motion, made before answer to dismiss the petition upon the ground, inter alia, that it was insufficient on its face (CPLR 7804, subd. [f]; 3211). Judgment and order reversed, with one bill of costs; and motion to dismiss the petition denied. Respondents’ tiine to answer the petition is extended until 30 days after entry of the order hereon. One petitioner is the Patrolman’s Benevolent Association of Westchester County, Inc., a membership