Opinion
February 22, 1971
In an action to enjoin defendants from operating a sand and gravel bank and from removing earth and other materials, plaintiffs appeal from a judgment of the Supreme Court, Putnam County, entered December 22, 1969 after a nonjury trial, which dismissed the complaint. Judgment reversed, on the law and the facts, and case remitted to the trial court for adjudication of the action on the merits, with costs to abide the event. The ground upon which the trial court dismissed the complaint was that Ordinance No. 9 of the Town of Southeast, upon which plaintiffs relied, had not been published in accordance with section 133 Town of the Town Law. However, the requirements of that section were met in that Ordinance No. 9 was duly passed by the Town Board, was duly and timely published after passage in the newspaper circulating in the town and was duly posted, and the Town Clerk stapled a copy of the ordinance to the minute book of the town within a few weeks after passage of the ordinance ( Northern Operating Corp. v. Town of Ramapo, 26 N.Y.2d 404). Munder, Acting P.J., Martuscello, Latham, Shapiro and Benjamin, JJ., concur.