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Rozler v. Franger

Court of Appeals of the State of New York
Dec 7, 1978
46 N.Y.2d 760 (N.Y. 1978)

Summary

In Rozler, Justice Hancock, as he then was, explained when analyzing parallel provisions of the Village Law, the words "'not inconsistent with any general law'" found in section 10 (1) (i) and (ii) must be read as "impliedly subject to an exception where * * * the inconsistency has been specifically authorized by the Legislature in the same section as the limitation."

Summary of this case from Kamhi v. Town of Yorktown

Opinion

Argued October 27, 1978

Decided December 7, 1978

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN H. DOERR, J.

Urban Rozler, appellant pro se. Edward J. Murty, Jr., for respondents.


Order affirmed, without costs, on the opinion by Mr. Justice STEWART F. HANCOCK, JR., at the Appellate Division ( 61 A.D.2d 46).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.


Summaries of

Rozler v. Franger

Court of Appeals of the State of New York
Dec 7, 1978
46 N.Y.2d 760 (N.Y. 1978)

In Rozler, Justice Hancock, as he then was, explained when analyzing parallel provisions of the Village Law, the words "'not inconsistent with any general law'" found in section 10 (1) (i) and (ii) must be read as "impliedly subject to an exception where * * * the inconsistency has been specifically authorized by the Legislature in the same section as the limitation."

Summary of this case from Kamhi v. Town of Yorktown
Case details for

Rozler v. Franger

Case Details

Full title:URBAN ROZLER, as Mayor of the Village of Lancaster, Individually and on…

Court:Court of Appeals of the State of New York

Date published: Dec 7, 1978

Citations

46 N.Y.2d 760 (N.Y. 1978)
413 N.Y.S.2d 654
386 N.E.2d 262

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