Matter of Waite v Town of Champion, 2017 NY Slip Op 02245 [148 AD3d 1634]

March 24, 2017

Appellate Division, Fourth Department

[*1]

In the Matter of Jennifer Waite and Others, Resident Taxpayers, Electors and Legal Voters in the Town of Champion Fire Protection District, Appellants,

v

Town of Champion, Respondent.

Pinsky Law Group, PLLC, Syracuse (Bradley M. Pinsky of counsel), for petitioners-appellants.

Slye Law Offices, P.C., Watertown (Robert J. Slye of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (James P. McClusky, J.), entered December 16, 2015 in a CPLR article 78 proceeding. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners appeal from a judgment dismissing their CPLR article 78 petition seeking a determination that respondent’s dissolution plan is void and a determination that respondent must comply with General Municipal Law, article 17-A, title 3. We agree with respondent that Supreme Court properly dismissed the petition inasmuch as respondent complied with the statute ( see § 786 [1]). The majority of electors voted for dissolution of the Champion Fire Protection District, and respondent consequently fulfilled its duty of devising a dissolution plan ( see § 782 [2]). Petitioners failed either to attain the requisite number of signatures to challenge the dissolution plan by referendum ( see § 785 [2] [a]), or to petition for the establishment of a fire district ( see Town Law § 171 [1]). Present—Smith, J.P., Carni, NeMoyer, Curran and Troutman, JJ..