| Matter of City of Utica v Town of Frankfort |
| 2007 NY Slip Op 00977 [37 AD3d 1209] |
| February 2, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 11, 2007 |
| In the Matter of City of Utica, Petitioner, v Town of Frankfort et al., Respondents, and Trustees of Masonic Hall and Asylum Fund, Doing Business as Masonic Care Community, Intervenors-Respondents. |
—[*1]Motions for reargument or, in the alternative, leave to appeal to the Court of Appeals denied; cross motion granted to the extent that the requirement of a special election for approval of the proposed annexation is hereby dispensed with (see City of Jamestown v Town of Ellicott, 185 AD2d 627, 628 [1992]), and cross motion otherwise denied. Present—Scudder, P.J., Martoche, Smith and Pine, JJ.