City of Utica v. Town of Frankfort (37 A.D.3d 1209, 2007)

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, EJ., Martoche, Smith and Pine, JJ.