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HomeMy WebLinkAboutMattituck Park District-1973NOTICE The resoluti~[, loublished herewith has been a~,ed on the ~rd day of January, l~; and th~ validity ~[,,~.the i ol~ligations authorize~' 'b~ sud/~: l'esoluti0n may be her~p.R, er ~/.~es. ted ,only if ~ Such /)bIigalion/~ were authorized for. ,,a~:..ubject or purple fo~ ~hicl/ea~ Town of Southold~in the Couotx~f Suffolk New .York'b not a~forised to expe/~d money or if the provisions of law which should- have been complied With as of~.~/~,date of publication of thi~ ~oti~q ~,ere not substantially complied with, and an action, suit, or~ proceeding c o nt es$in~ ~ .~t~.cl/~t~' is .comme~/~ ~/t~id~/~/~y days after the publication of .this n~en, or:~a~h:~:~e.r,e authorised'in vi~l~-t~i[ the provisions of the ALBERT W. RICHMOND Tow~ Clerk BON~) '~. ~[~0LUTION DATED Jariuary 23, 1973. A RESOL~/OTION AUTHORIZING THE ISSUANCE OF $24,000 SERIAL BONDS OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF CERTAIN REAL PROPERTY IN AND FOR THE MA'VPITUCK PARK DISTRICT IN SAID TOWN. WHEREAS, the Board of Park Commissioners of the Mattituck Park District in the Town of Southold, Suffolk Conoty, New york, duly adopted a resolution on the 13th day of December, 1972, authorizing the acquisition of certain real property, as therein described, in and for said Park District, at a maximum estimated cost, including in- cidental expenses, of $24,000, which resolution requests this Town Board to authorize the issuance of $24,000 sezial bonds of said Town to pay said maximum estimated cost; NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Southold, Suffolk County, New York, as follows: Section 1. For the specific COUNTY OF SUFFOLK. ~ ss: STATE OF NEW YORK, ........ S.~u..~. ~;..C.,. p.~r~s,r~ ........... being duly Swor~ says that ...b..e.. is Printer and Publisher of the SUFFOL Wir.;~KLY TIldES. a newspaper published ~t ~enport. in county; and that the notice, of which the annexed is ~ print~ copy. Ires been published in the said Suffolk Weekly Tim once in eoch week, [or ........... o..n.e. ............ wee successively commencing on the ....... ~i[~1.5~ ........... day of .... ~? .b-~-f~-5~~9 ;. ......... Sworn to b~f~r9 me this ...~......~'"~.. ~. , f....~;,4'. ~. ~ .... :...,¢.; ;,¢.lc~rF ......... ./ NOTICE the validity of the obligations which the Town of Southold. in piled with :~s of the date of pub- contestin~ such validity is eom- the publication of this notice, or in violation of the provision~ of the constitution. BOND RESOLUTION IZING TrlE ISSUANCE OF $24.000 SERIAL BONDS OF THE TOWN OF SOUTHOLD. SUFFOLK COLrNTy. NEW YORK. TO PAY THE COST OF THE ACQUISITION OF CERTAIN REAL PROPERTY IN AND FOR THE MATTI- TUCK PARK DISTRICT IN SAID TO Vd'N. WHEREAS. the Board of Park Comml~ioners al the Mattituck Park District in the Town of Southold, Suffolk County, New York. duly adopted a resolution on the 13th. day of, December, 1972, authorizing the acquisition of certain real property, as there- in described, in and for said Park District, at a maximum estimated cost, including inci- dental ~xpenSes, of $24,000, which Board to authorize the issuance of $24,000 serial bonds of said Town ~gPay said maximum esti- mated cost; NO.W. THEREFORE BE IT Board of the Town of Southold. Suffolk County, New York, as follows: SECTION 1. For the specific object or purpose of paying the cost of the acquisition of the preambles hereof in and for the Mattituck Park District in the Town of Southold, Suffolk Coun- ty, New York. there are hereby authorized to be issued $24,000 serial bonds of .said Town pur- suant to the Local Finance Law. SECTION 2, The maximum estimated cost of such Specific object or purpose, including in- cidental expenses. $24,000, and the plan for the financing o! such maximl~m estin~ated cost is by the issuance and sale of $24.000 serif! bonds of said Town SECTION 3, It is hereby de- able u.~efulne~ of such object or termined that the period of prob- 21 of paragraph a of Section herein authorized will exceed five yeark SECTION 4. The faith and credit of the Town of Southold, hereby irrevocably pledged for the payment of said bonds and the interest thereon. TO pay said -j bonds a~d the interest thereori, there shall annually be levied and assessed a~ainst the taxable real property of said Park District, ncr. at the same time, and by' the same officers as the taxes of. said Town ar~ levied, assessed and collected, an amount sniff- interest as the same res~cttvelv become due and payable, but if he taxable real probert¥ within 'e Town will be subject to the v of ad valorem taxes ~o pay bonds and interest thereon 'ION 5 Subject to the ,s of the Local Finance t~eination no,es in ahtici~ation visor, the chief fiscal officer. COUNTY OF SUFFOLK [ ss: STATE OF NEVV YORK { C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- mort once etch week for ....... k-.,..z.'L~ ........ l.. ..... week~ successively, commencing on the ................... , ........-~ ........... Sworn to before me this ........ ,-~...~:.. .. day of ADEIE PAYN~ authorized to be issued $24,000 $1~uTION' 2 The maximum e Town will be sub.lee~ to the COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK j C. Whitney Booth, dr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Troveter~Mattituck Watch- man once each week for ....... k./...,..d:~....f.../.. ..... weekf successively, commencing on the .................... ./..~.(ii ........ day of .......... ;~..~.~,...t.;z, ....... .~;.~ J 9.~..,~ .................................. ~:'. .......... ~....~..~ x. .................. Sworn to before me this ........ i~.}J .... day of ....... ~....~C~ ........... , 19x...~.. STATE OF NEW YORK: COUNTY OF SUFFOLK: SouUhoLd, age of 19 73 , he affixed a is a true copy, in a SS: ALBERT W. New York, being duly sworn, twenty-one years; that on the RICHMOND, of Southold, Town of says that he is over the 2nd day of February notice of which the annexed printed notice proper and substantial manner, .in a most public place in the Town of Southold, Suffolk County, New Ycrk, to wit:- Bond Resolution - Mattituck Park District dtd. Jan. 23, 1973. Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, L.I.,N.Y. Sworn to before me this 2nd day of February 19 73 /~otary Public PRESENT: SHEILA WIRSING, -against- ROBERT L. BERGEN, At a Special Term, Part~.~J , of the Supreme Court of the State of New York, held in and for the County of Suffolk at the Courthouse on Grilling Avenue, Riverhead, New York, on the 2~ day of January, 1973 , Justice Honorable Plaintiff, FRANK MURPHY and LAURENCE P. REEVE, constituting the MATTITUCK PARK COMMISSION, Defendants. An Order having been made and entered on the 22nd , / day of January, 1973, staying and enjoining defendants relying on and acting upon, or publishing, proclaiming, from announcin~ or presenting the results of said special district election to any person, public body or agency pending the hearing of said order to show cause/and an application having been made to this Court by the said defendants for an order vacating the said stay and injunction on the ground that the said order was improvidently granted without notice of the application therefor to the said defendants and further that such a stay will cause defendants irreparable harm without affording any benefit to plaintiff and on the further ground that such a stay was sought for the purposes of harassment, AFTER hearing WICKt{AM& LARK, ESQS., attorneys for Defendants, RICHARD F. LARK, ESQ., of counsel, and due deliberation having been had, NOW, on motion of WICKHAM & LARK, ESQS., for Defendants, it is attorney s ORDERED THAT the stay and injunction contained in the Order to Show Cause of this Court, made and entered on the 22nd day of January, 1973, staying and enjoining defendanns from relying on and acting upon, or publishing, proclaiming, announcing or presenting the results of said special district election to any person, public body or agency pending the hearing of said order to show cause, be and the same hereby is vacated and set aside; and it is further ORDERED and adjudged that the stay contained in the Order entered on the 22nd day of January, 1973, be and the same hereby is adjudged and declared to be void and of no affect. GRANTED JA~I 23 1973 LESJ[[( M AL~EklS©N t, Clerk J. S. C. At a Special Term, Part X , of the Supreme Court of the State of New York, held in and for the County of Suffolk at the Courthouse on Griffing Avenue~.Riverhead, New York, on the ~ay of January, 1973 PRESENT: Honorable ~, ' , Justice SHEILAWIRSING, Plaintiff, -against- ROBERT L. BERGEN, FRANK MURPHY and LAURENCE P. REEVE, constituting the MATTITUCK PARK COMMISSION, Defendants· : ORDER TO SHOW CAUSE : Index No. 73-950 Upon the annexed affidavit of Sheila Wirsing, sworn to the 22nd day of January, 1973, and the annexed summons and complaint, let the defendants or their attorney show cause at a Special Term, Part I, of this Court to be held at the Courthouse, Griffing Avenue, Riverhead, New York, on the~day of January, 1973, at 10:00 o'clock in the forenoon or as soon there- after as counsel can be heard why an order should not be made pursuant to Section 6301 of the Civil Practice Law and Rules enjoining said defendants from relying on and acting upon or publishing, proclaiming, announcing or presenting the results of a special district election held on January 11, 1973, to any person, public body or agency, and why an order should not be made declaring said special district election contrary to law and null and void. Sufficient cause having beefi shown~ said defendants and each of them, be and they hereby are enjoined from relying on and acting upon, or publishing, proclaiming, announcing or presenting any person, appearing, the results of said special,dist~ict~election to public body or agency~ and sufficient caus~ e.p£ / ,c /7 hereby L~ ~ ] ORDERED that personal service of a copy of this Order To Show Cause upon any one of the Park Commissioners of the Mattituck Park Commission, as named herein, together with the papers upon which the same has been granted on or before the dayof shall be sufficient notice of this January, 1973, application. ENTER Justice of the ourt STATE OF NEW YORK : COUNTY OF SUFFOLK SUPREME COURT SHEILA WIRSING, Plaintiff : -against- : ROBERT L. BERGEN, FRANK MURPHY and : LAURENCE P. REEVE, constituting the : MATTITUCK PARK COMMISSION, Defendants. : STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) AFFIDAVIT Index No. 73-950 SHEILA WIRSING, being duly sworn, deposes and says: That at all times hereinafter mentioned your deponent was and still is a resident of the Mattituck Park District and a registered voter and taxpayer residing within the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York. That on the llth day of January, 1973, the Mattituck Park Commission, through the Commissioners, defendants herein, conducted a special district election for acquisition of additional park land and approval of a bond issue. Attached hereto and made a part hereof as Exhibit A is a notice of said special district election. Your deponent is advised that the election notice is defective in that it provides that voting is to be conducted between the hours of 6:45 p.m. and 9:30 p.m., and that this is contrary to the Town Law Section 82 wherein it is required that said election be conducted for six (6) consecutive hours between the hours of 8:00 a.m. and 8:00 p.m. The notice of said election was posted three days prior to the election and your deponent is advised that this is also contrary to the Town Law Section 82. That the special district election was held as scheduled and was characterized by such confusion and irregularity as to render impossible a determination as to which side prevailed. Within the two hours forty-five minutes time alloted, one-third of the registered voters in the Park District came to the polling place -one room of the local fire house. The inmgularities were numerous and are set forth below. Attached hereto and made a part hereof as Exhibit B is an advertisement from The Suffolk Times (an offidal newspaper of the Town of Southold) of January 4, 1973. At the time of the special district election the Commission conducting the election also scheduled a public meeting and did in fact have such public meeting simultaneously with the election and in the same building at which the polls were located for said election. Your deponent verily believes that said public hearing and exhortations to vote made at said meeting were improper, and that the Commissiomr~ continued presence and their direction of and ~residing over the activities at the polling place were in the nature of electioneering. That more than 680 people appeared to cast ballots at the said special district election on January 11, 1973, with the announced result being 364 votes cast in favor of the park land acquisition and 324 votes cast against said proposition - a corrected count was announced as 322 votes against. Your deponent observed, as best she could~ the election proceeding. At no time during the registration immediately prior to voting was any voter required to list his or her address, the only requirement being the signing of the voters name on a lined sheet of paper. Your deponent was prohibited from taking the names of prospective voters so that she could make a checklist as to the residence of said voters and whether said voters were taxpayers. That the Mattituck Park Commission had prepared only 500 ballots, and the last 180 ballots were cast on sheets of paper by checking either a yes or no box. The ballot contained no information as to the proposition to be voted on. -2- That because of the extremely crowded condition of the polling place and the long wait to vote a number of people were detered from voting and left the polling place without voting~ Other prospective voters arrived a few minutes after 9:30 p.m. and were prohibited from voting. That absentee ballots were counted by the inspectors at the conclusion of the election, although your deponent is informed that °there is no provision for the acceptance of such ballot. Further at least three proxy ballots were accepted by inspectors. That as indicated by Exhibit A said special district election purported to be a referendum and your deponent is advised that under the legislative act creating the Mattituck Park Commission, a copy of which is attached hereto and made a part hereof as Exhibit C, said election is not authorized. Further, approval of the bond issue via either a mandatory referendum or as a permissive referendum under the local Finance Law Section 34 is mot authorized; and your deponent verily believes that holding of said election was improper and invalid and without any authority. Your deponent is advised that the Park Commission has implicitly recognized that the special district election was not binding and therefore must seek approval of the bond issue from the Town Board of the Town of Southold. Your deponent is further advised that the Mattituck Park Commission, through its Commissioners or agents or representa- tives, will present the results of said special district election to the Southold Town Board and may do so at the regular meeting of the Southold Town Board scheduled for Tuesday, January 23, 1973o At that time the Town Board relying upon the district election may adopt a resolution approving the bond issue. Your deponent submits that reliance upon said special district election by the Mattituck Park Commission is in error, and that it is a matter of public concern that said election was conducted improperly and contrary to law, and of greater concern that the holding of said election was unauthorized and a nullity. If the Mattituck Park Commission, its Commissioners, agents and representatives are permitted to rely upon the results of said special district election and present those resul~ to any other public body or municipal agency as favoring the park land acquisition and bond issue, then plaintiff will suffer irreparable harm in that the bond issue may be authorized by said public body or agency - even though the referendum upon which public approval is predicated is contrary to law. That your deponent, as a result of the foregoing, seeks to set aside the results of said election, to have said election declared null and void and invalidated and further seeks to have the Park Commissioners of the Mattituck Park Commission restrained from relying upon or proclaiming, announcing or presenting the results of said election to any person, body or agency. Your deponent has no adequate remedy at law and thus seeks the relief prayed for herein. No prior application has been made to this or any other Court for the relief requested herein. WHEREFORE, plaintiff prays that the annexed Order To Show Cause issue directing the defendants to show cause why a preliminary injunction should not be granted enjoining defendants from relying on and acting upon or publishing, or proclaiming, announcing or presenting the results of the special district election and to show cause why the special district election should not be declared contrary to law and null and void. Sworn to before me this 22nd day of January, 1973 JlJTrA ~'FtTZ NOTARY p~JBLIC, StaP. of New yorlt No. 52-1235770, Su!fc~k Count)' (Sheila Wirsin~ -4- NOTICE OF' SPECIAL DISTRICT ELECTION Mattituck Park District of the Town of Southold. Suffolk County, New York The Board of Park Commissioners of the Mattituck P~rk District of the Town of Southold, Suffolk County. New York, HEREBY GIVES NOTICE that a special district election of the qualified voters of said Park District will be held at the Mattituck Firehouse, Pike Street, Mattituck, New York, in said Park District, on the llth day of January, 1973, at 6:~0 o'clock P.M., Eastern Standard Time, for the purpose of voting by ballot upon the proposition hereinafter set forth. Polls for the receipt of ballots will be kept open between the hours of 6:45 o'clock P.M., and 9:30 o'clock P.M., Eastern Standard Time. PROPOSITION Shall the Mattituck Park District, acting through the Town of Southold, Suffolk County, New York, acquire the following described real property in said Park District at a maximum estimated cost of $24,000 including incidental expenses, to be financed by the issuance of $24,000 serial bonds of said Town. said serial bonds being payable in the first instance from assessments to be annually levied against the taxable real property of said Park District in the same manner and at the same time as other Town taxes over a period not to exceed ~0 years, that being the maximum maturity of said serial bonds. Said real property is bounded and described as follows: ALL THAT CERTAIN PI,OT. PIECE OR PARCEL OF LAND, situate, lying and being at Mattituck, in the Town of ~oulhold, County of Suffolk, and State of New York, and bounded and described as follows: BI~.GII~NING at a concrete monumant set on the aouth~'ly line of Main Road at tho northwesterly corner of land of Mattituck School District; running thence along said land of Mattituck School District; running thence., along said land of Mattituck School District, tiro courses, as follows: Sauth ~degrees 2~' 00' East 1~4.~0 feet to a concrete monument; thence (2) South $7 degre~ 26' 00" East 141.8 feet to a post; thence (3) North 88 degrees 01' 00" East 10~.55 feet to a pipe; thence (41 North 72 degrees 09' East 69.55 feet to a pipe; thence ($) South at degrees 38' 00" East 120.4 feet to a i)ii)e at the shore of Marratooka Lake; thence southerly along the shore o! said I'dartatooka Lake about 245 fe~t to land of Jnhn Pylk0; thence along said land of John Pylko, South 88 degrees 32' 00" West about 5o0 feet to land now or formerly of Ralph Cox; thence along the last described land. North 15 degrees 07' 20" West 412.29 feet to a stake set on the ~utherly line of Main Read; thence along said scutheriy line of Main Road North 57 degrees 44' 40" East 141.2 feet to the point of beginning. Dated: Mattituck, New York December 20, 1972 BY ORDER OF THE BOARD OF PARK COMMISSIONERS OF THE MA'I'rlTUCK PARK DISTRICT, OF THE: TOWN OF SOUTHOLD, SUFFOLK COUNTY. NEW YORK By: Madellne Haas, Park District Secretary EXHIBIT A EXHIBIT B CHAPTER 924 Alq' ~C~/' tO legalize th~ acts and pr.n:~_-dings of the tnwn board of the af ~,,qthold, ~uq'olk county, In relation to the ea~abll~hment of the ~tl- tmk 'ark dir~rlct io eaid to~, W dcc~are ~aid park dia!rl-t legally ~s~a',li~hc~. to provide toy C~e c:,~:~tion and managernec~ of ~= di~(rict and ~f ~,,.n ~nds of the ~ of South-Id to flnan~ the co~t of ac~uDitlon of .... ihree-~f:~a ~i*.g do ~. t ax follo~: ~,'-~,m 1. The Mattitt,ck park dI~tr~et in tl,~ ~o~ of ~outLo]d g,~ffol ~ county, heretofore establis?aed by the town board of the town of Soqth,,Id pursuant to the petition of resident ~xpaye~ of the dis~i,.t, is hereby eo,t;n.ca as a ~ublic park district in said to~. ~there,,f ?, {e *he park commis:~iokerL one'of ;~hom may be' a female over t~,'nly~ne yea~ of age, for terms of one, two and thre~ years r,.:mc,.ti,'~ly; and ahsll eno elect a ~r-asurer in such park dj;trier for a trnrUl Of three years, who sbal~ Le on6I~cd to receive and have cu,,b,dy ,,f the fUtida (,f the distrie~ and pay out lhe same f,,r the p.rp,,:'a herein provided for, on tee tm/er of the park eommis- ahm,,~. Tim troasurer, before *ater[ng Hp,m ~he dulie~ of hie el}ice, s},all g~ve such seeurJty for t~e ~afe keeping and lawttll appli- ~ti,,n e[ the funds of the district aa Ihs town br,ard (,f th.~ town ~o~ ~;o. tbohl ma~ rmqnNe. Additional security shall be ,given f~om time to time for the sMe-kccpin~ awl lawf. I al,plieation r,~ the pr,,,'c,.d~ of town bond~ or eertltie~tea of indebtedness ism~d and aol~ for any improvement or ncrlui'Jtbm of land voted hy re:.idong taxpayers of ~te district am!_appr.,v,.d by the towh ~oa[d ,,f the ~wn. 2'he commiasion.~ eon.';titut]n~ the I;0ard of park eom- mit;';ionor;~, ,'I~ted pu~uant to ehapr,:c ~;ixty~no of fl~o laws of nln~ keo hundr,'d twenty-four, n.~ in o*g~e, shall e,,u.titute the ef park ¢omm/vdone~ herein provid,,d for until the expiration of ~eir prc..nt.~ r~peetively, and the pr~ent ineumlmnt of ~e shall r?ce~ve no co:xpensntmn for th~qr scrvicel, but emil b~ reimbursed/or their expenses ~letn.qll.v and necesnnrily in~urr~t ~ ~em in the p~rIo~ance of their duties hereunder. Th~ trea~rer shall receive s eompe~tion 1o be ~xed by tl~e park comn, issione~ with~ tbs amount au~orizcd by the taxpaye~ o~ the dktricL The park eo~lo:en may ~ploy a seereta~ and such ~ployecs a~d te~hm,:~ assistan~ as may be nccea~aW and ~ eompen~tion ~IMn ~e amount p~vidc~ therefor. ~n~] es:~at~ of amo~ necessary to p~vid~ for epera~on of the~Fa'-~triet ~:~ include estimates of neeassary to pay lbe ~la~ of ~e treasurer and expenses of park d~trict for pe~nal ser~ce of employees and expens~ of t~ park commi~io~e~ and the amo~t ~ amounts approved and voted by the relide:l ta~aye~ e~ the district shall be inal~ded ~ raise~ ~f ~ on ~e ~ 2. The se~of 'ilia park d~trict, not-I~i~ dao's~r~ to the e~kation of I~e term of o~ee of anj~ueh ~ ~sioner or of ~e treasurer, ~ ca~ an election by postin~ notices of ~e elocon conspicuo'~Iy in at le~t ~q[ of ~e public plac~ ~ ~i~ ~trict and publ~Mn~ O~e s~ in a_ paper' published m the to~ o~ S>uthol3 for ~o y~.!:s imme~ ately preceding ;he ei~tion. Each notice of an el~an h~ro.nder sh~c~y ~2'z~ to beTtH,:d and tlc date, boar anyplace in the same ~a[n~ihip~h~ty ~fter any su~ va~n~ shah occur. ~U ei.~:tiom sholL~_~o~ ~ 3. The pa~ c~::m~ssmne~s ~ull have powqr Io acnuire landl wi~in ~e boun~ar~ of the ~xr{ct ircm the owner or owne. ~ereof hy ~g Fu::h~e, or by condemnation in the manner proMded by the con.~emnation ~w. Upon the acquisition of lan~ the par~e~m~ssione~ sh~l cause ~e,~ame ~o be Init oui amd improved ~.a public park Xo such ]awls ~mj(,ritv vote of the resident ~'~rs of tb~-d~[rict vo~in~n a proposition su~,m;tt.~4 at a s~e.:al ~,~:~[~(lnlv called loc ~he ~tq~ i)ro~'i~je,J, ?.~,wev~,r, an4 not%ithstandin~ any incon- provision o2 ~is act, lhe lo;m board or ~e town of 'Soathold upon application made by the park coa~i:;sioner may appr~ priale nmi c:mze ~ be raised by tax on the taxab}- real prf, perty og ~e district, ~o~ exceeding one thousand dr, liars in_a~y year, to be ,sod and expended for ike acquisition of land. The bnard, in ils di:,areti'm, may i~ue and sell temporary eertiflcate~ of iuflehtcdne::~ of the town in autielpation of th~ cnlleetion t~ea iu the diatfiet ia tha mas:er prnvide4 in arti~e two of tM gen~:fl munieip~ la~.~Th~ amount or amoaa~ nec~sary to pa~ the cost of land acqOr~l by purehan~ or by condemnation, ia lie~ ~ the issuance an4 sale o% h,~n bond~, may he included and r~ed b~ ~x ~ ~ I~able re~ aro~ of tbs park ~iuffi~ , ~ .,, :x '~:~:r~:...iancrs shall bare l~ower wilM'a the ~nd for park p,~rp, os~; (2) to drcd~ 6Ea~n~l~ and creeks withi~ .. tb~ said district; (3) to erect bull:heads and docks on park pro~ e~f; (~) to I~y out pla)'~ronnda nnO fu~:sll same with b,il~ iago and equipment for ~ccreati~n and a~usement;. (5) to rest aonee~ion~ for the sale o~ refreshmen~ cud to eqmp plaeca for that purpose; {Gl to build roads a~d sid~alks on park property; (7) to ~ell any of the park district properS; real or per$onal, with the approval of a majority vo~e of the r&~dent tazpa3'c~ of !he district, in the same manner as required for the pure}sase of rem '. e~ate; (8) to keep sai~ paths apd recreatJen facilities subject to their re~lation o~en and frge to rosidenis of the lmrk district 3t respect to the use and enjoymen~ dud tee maintenance of order on all the park properly; (9) to rent to or~azzizations, pavilions or ether buildin~ L~r the purpose of ho~di~ meetings, ~nc73 g? entertainmen+s to which an admission ~ay be charged; and (10) Io make contracts for any and all purposes ~[thin. the dona voted by tFe resident tp~avers of sa3d ~ark district for ~e purpose c~ carrying out tl:* au hnmzat:o t and powers herein ~a::ted. Whenever'the oark eomm:ss~oner* s~zall stfl,mit a reques~ ~ writin- f~;~ approrr orlon of any [um of mcney for the ~~::~ autnc,r~ze,lj lhe ~-~* c,u:k purpose o~ vo~n~ upon ~he quesgnn of ap~r%~2~ ~nch i,,~ mcetm~ to b~ c~,,c-:. ,y ~nt~ce po-.~ ~ cop~p~euou~l~ m at l~[n a newspaper pu~is)~n)he t~ ~? S~,'Ib~'~d for ~, ~l:~t before the boldin~ of any ~uc), ~e~.'in~,~'b~Vh notice ' r3'~ t~, ~~se of !~.~:.~- ';"Z. A t any such ~ested by the park cVo~nis:;k,)~cr~ or any 2~s an)ount, and when {),e appropriation is made th* park cnmmi~sloners shall file in the v~'e of the town cL.rk of the tmvn of SGut)mld a certificate duly filmed by them ~p,.~5~i:~ the nmmn:t ;~ppr,,pri:ded a~d (he pur- pose for which it is made. [ 5. The moneys necessary to pay the cost ¢,f em,,:trueIio~ of any park improvement euflm~ed hy vote of the taXl,qyers, ~ ~l,nwn by thc eert~finate of the park eqmmi,.~2~,nc.r~, toje~h,,r lq pathos[zed {~ $~:ti~ three of thi~ n.t, sh;~ be provided by the ~ u~,~iee mnl,~a~e off *own bo~d~. ,~he town board, by resohlliofi~ hy t,'sident laxpayevs c~f the di~tri~,t ~o t,e finan,,ed by ibc i~,m:mee mud ~a/o of town bonds, or it may reduce the amount amul &~ ~o ~duecd approve the tame. Town hon0s she)l not )m issued vr ~ any ~eh reduced amount, however, unhl ~e aetlon of tho town 6~ at a ~ci~l ~eetlv~ cMled for ~at punch, Such bonds m~ · ~]d ~ erie or ~ore ~crie~ at ~e time or frgm time to ~me, at not ]~ ~nn par, at public ~Ic in ~e manner provided ~ (he gcnerd m~cipal ~w, shpll bear in~cre~t at a ra:e or rates no~ excccd~g five pcs ecn~m per annum, an~ each series of said bonds ~a~ ~ a~ual ins~en~ equal or unequal in ~mount, the ~st of ~ch shall be paid not more than one year from the date of such series and the last of ~hich shall be paid ~th~ the pcrlod oi probable usefulness of ~e object or purpose for which ~debtedness is contracted ~ determined in section eight-b of gen~M municipal law. No such annul ~s:aUment shall~be more ~ ~q, per eentum ~ ~ce~ of ~e smallest i~Hmen~ The mggre~:ate principal amount of all to~m bon~ !~ucd p~:r~ant ~is a~t and oubtandin~ at any one time ~all not exceed fifty lhou~' ~d dollars. Any resolution of the to~m board of the ~own of Sou:h- old authorizing such bonds may provide that such bou~s shall con. ~in a recital that they are L~sned pu~uant to this act. and such recital sh~ll be conclusive e~dence of their validity and of the la~ty of their issuance. The faith and credit of the town of old ~hall be and are hereby ~ledged for ~he payment of ~he prluci- pal of and in,crest on any to~ bonds i~ued pu~uant lo (hh act, ~d whether or not such plc.~ge is expressly stated in the re~,lu~ion author~, or in the instrument evidencing such indebtedne~ ~hal] constitute a term og the cantrzct thereof. The powers ~ ~e ~'~ board ~f ~e $~ o~ So~ho]d ~v jhi~ ac~, ~re ~ ad~i(~on to a~d not in suF~titution fo.r~he ex;~inj p,wcr~ ~aYd ~o~n ~nd~re ~at subjoct to any lindtatlo$ 8r ~cri~et b~ any other )aw. Pendin~ the'issuance of ~wn ~e (~ board of (he town of EouihobI may authorize the super- ~or al the tn~ to borrow the amount or any part thereof by ihe ~ance of temporary' certificates o~ indebtedness which shall be ~ade payable witbin six m~mths from their (late. Such eertifie~te~ o~ i~debtedness may be sold at private sale for not }ess than par and shah be paid from tbe prt, ceed~ of sale of said bor*d~. The ~oce~ of ~le of any tow~ bonds or ccrtifieaics shall be pMd u. '~ treasurer of the park distr~ct. } 6 After any par~ imp[ovemc~t is_cot~rneted an~ e~p ~. it shall be m:~{nrai,od by.ti~, bo:,rd of park eomwia~[a~er~. Da ~ '-be fore'the fiflceuth day of .~finnnally th~)ark ~Ythe parD(ce of detor]ninin~ the amount of monO. required to re,et tl,e cxpcnse~ of malntalnin~ the park df:drier for ;~e fi.,oal~cur, comn,cneinff on the first, day (,f January neXl vf Soutbold wl~s they si,all I,a available ~ towu ~etion hy say interested Demon ~t all re~o.alJe bour~ ~m ~ ~fore ~e flrst~Apgu~ noxt sue~eam~, ~o ~e~r~ e~ L.~ws oF NEw. YORK, 19tl the park district shall call a meeting of resident taxpayers of the district pursuant to notice in the same manner as provided for calling an election in the district and the resident taxpayers by majority vote of those present and voting ,nay adopt the budget of expenditures of the district as submitted or it may increase, reduce or reject any item or items therein contained, except those rehtt lng to estimated revenues or indebtedness, or add new ite,.s of expenditure and its so modified shall adopt the same. At ,~uch meeting any interested person may be llcard in levee or against the estimates as co,up,led or against any item therein contained. After such annual estimates shall have been adopted, tile ammlnt shall be levied and assessed against the taxable real property of the park district and collected in the same nmnner, itt tile sltme time, and by the same ottlcers as the taxes of the town of Southold are levied, assessed and collected, and when collected, shall first t,e applied in puyment of installments of principal and of interest on town bonds mat,,ring in the year for which the taxes are levied. and the remainder shall be paid over immediately to the treasurer of tile said park district; and thc town shall be responsible for a,,y and all sums so collected until the same shall be paid over to such treasurer. Any expense incurred by the town of Southold in connection with the performance of its duties under tl~is act or on account of any park improvement or other matter connected with the park district shall be a charge against the park district snd shall be included and raised by tax on tile taxable real prop- erty of the district and when collected shall be paid to the super- vi~or of the town. The provisions of the town law relating to dis- trict and special improvements in towns, not inconsistent with the provisions of this act, shall apply to the operation and maintenance of tile I~lattituek park district in the town of Southokt, Suffolk county. § 7. All acts and proceedings of the town hoard of the town of Sen,hold, its officers and agents, and of tile taxpayers og said district, relating to the establishment of Mat,,tuck park district in such town, are hereby legalized, ratified and confirmed, not- withstanding any defect, irregularity or omission of any laxvful requirement or lack of statutory authority therefor. It is hereby determined and declared that all property included within the bonndaries of said district is benefited by tile creatim~ of sm'h district and tile construction of the park improvements authorize,t by this set, ;and sueh district is hereby declared to be a legally ~;¢ahlished park district in the town of Sol~-[hohl, Suffolk connty. ,St, cb district is bounded and described as follows: t{oginning at the point where the Rivcrhead-Southohl town liae touches Long Island sound southerly on said line its full length to Peconie bay, thence easterly along said bay to the eastern bonndary of school district number nine, thence northerly along said school district line to the property of ti,e Long Island rail- road, thence northerly on a lin~ bounded on the east by lands og O. B. Tn,hill, II. S. Tutlfill, Annie Rutinowski and An,on. l{akowski 2115 'l Laws o~ N~w Yong, 1941 to Long Island sound and thence westerly to thc point or place of I~eghmhlK. § 8. ('h~,Ider sixty-one of tim laws og nineteen hnndred tweoty- four. cntiHml "An act to anthorize thc formation of a park district in the t.wu o~ Soutbold, Suffolk county, to aequire lands for park purp.ses and to issue bonds therefor," is hereby repealed. ~ 9. Tim repeal nf chapter sixty*one of the laws o~ nineieeu bun- deed twenty-four shall not affect oe impale any act done hy the park commissioners or taxpayers of Mattituek park district in the towu of Southold, 8u~lk county; nor any tax imposed by the town board of the town of 8outhold and the board of supervisors of the county of Suffolk; nor shall sneh repeal affect or impair au7 right aceruina, accrued or acquired, or penalty or forfeiture incurred pursuant to such net prior to the time this ae~ takes effect. t 10. This act shall take effect immediately. CHAPTER 925 ^N' ACT tn amend the penal law and the code o! crlminsl procedure, relation to obscene prints and articles Became a law May 1, 1941, with the approval of the Governor. Passed, three-fifths being present Thc people of the 3late o! New york, reprcnented in Scnat~ and Assembly, do cnact as follows: Section 1. Section eleven hundred and forty-one of the penal law is hereby amended to read as follows: § 1141. Obscene prints and articles, 1. A person who sells, lends, gives away, distributest or shows, or oilers to sell, lend, give away, dislribute, or show, or has in bis possession with intent to sell,' lend, distribute or give away, or to show, or advertises in any manner, or who otherwise offers for loan, girt, sale or distribution, any obscene, lewd, lascivious, filthy, indecent or disgusting boo. Ih magazine, pamphlet, newspaper, story paper, writing, paper, ture, drawiug, photograph, figure or image, or any written or printed matter of an indecent character; or auy article or instru- nmut. of iudeeent or immoral use, or purporting to be for imlecent nr immoral use or purpose, or who designs, copies, draws, photo- graphs, prints, utters, publishes, or in any manner manufactures, or prepares auy such book, picture, drawing, magazine, pamphlet, newspaper, story paper, writing, paper, figure, image, matter, article or thing, or who writes, prints, publishes, or utters, or causes to l)c written, printed, published, or uttered, any adver- tisement or notice of any kind, giving information, directly or indirectly, stating, or purporting so to do, where, how, of whom, or by what means any, or what purports to be any, obscene, lewd, lascivious, filthy, disgusting or indecent book, picture, writing, x Word "distribut~" new matter inserted here and. throughout chapter. ]1;,,,~... .'! . . -': , ~.-.. . ¥ ' }t ,7'.~208 .; ' · ' ' ' "l~W80~' N~'w "~0~, 1943 ' [C~Ap. ~, , ,~':"'~'. ~"~ of the assessed, valuation of 'said to~ ~ sho~ by . ~.-~-]~ . ~. ,~essment roll of the preceding, year, to' pay ~ere. , :,:~ ;,5';~ ior ~aH be levied and coUected in the manner required by law ";.'-~"~ ~; ~d the board of supe~sors of the county of West~ester, upon '. J';' .~;:~."~ :re~t by'~e to~ board of ~e said to.'of Rye, ~all levy and ~" .::' ~e~ the ~id ~ of money upon the ~xabl~ property of the .]~.: '~ of Rye. Said co~sionera of par~ shall hold public stated mee~ ut le~t once a month between AprU fi~, and November .' '/~'; ~:," ~s~ ~ each year. -Noth~g cont~ ~ th~ section ~all prevent ~;~.': j-j,'~:] ..'[ ~ ~ane~g, ~ whole or in part, of any of the expenditures ~ ?'k.y ::~,~'., en~era~d ~ this section pu~uant to ~e lo~1 ~ce law -'.. z,2 :-~ 3~.oo ~ 35.00; al~ tho rep~{ of { 6 of ~ a~ ~ ~he repel ~ble ot ~ ; ,'.'u~ · , ~.200. Bectmn rune o~ chapter f6~ hundred ~ee o~ the ,~ .. ~ 'nineteen h~dred seven, entitled An ae~ to prowde for the opening and maintenance of inlem from the ocean into $h~eeoek ba~ and m~o ~eeox bay, m the to~ of =outhampton m the cowry ,~-- eighteen hundredv eighty.seven, chapter two hundredv fifty-seven ~ .'. '. 'r bf the laws of eighteen hundred niaety4wo and a part of chapter ~ "': ' t~enty-nine of the laws of eighteen hundred~ seventy-three," as last :, ' '.~ ,,.-amended by chapter one hundred eighty-six oI the laws of ninet~n .... ~ ..~ ~andr~d twenty-eight, is hereby amended to read ~ follows: · · '-' - ,t.{ ~.' Co&~ and expenses of digginz and opening the said inlet, ,,,..,': ~ ~.~'. , or :~ets, or maintainin~ and keeping the same ~ repair and o~ . :~: ,, ,., 'Clos~g ~d reopen~g the same may be borne by public subscrip- ' :J: ~.?~ ;.:~ot~.~Ameudmeut requ~ed'by L~ Y~e ~ {{ 10~ 11.00, 20.00, ' { ~'. ?; :.~. ~,00, ~0.00, 31,00, 3S.0d and 104.00. · ' ': . ~,~ ? :.,~ i ~ ~10.' Section three off chapter nine h~dred twenty-four of the · "' 1~ 'off nineteen h~mdred forty-one, en6~led An act to ~, '~" ~. tho acts and proeeedin~s of ~ to~ board of the to~ of 8outhold, :~,": ,'.~ ~uffol~ eo~ty, in relatio~ to the establishment of the Mattituek '; .' :.,. .... -.?.. park d~tric~ in said town, to deeIare said park d~triet le*all~ . esta~ ¢~,,~ ' ' .~hed; ~ provide for ~he operation snd mana~emen~ of the district ;i ,:., ?, '; and ~e eleefion and terns of o~ee o~ its o~eers, to pro.de for the ~ ~- ~ ~ance o~ to~ bonds of the to~ of 8outhold to finance the cost ~ ,:, .. ~ . ,- Of S~l}lOn of lands and the eons~metmn of p~k ~mprovements p~ .... ~.. : -:..~ ~ pro.de for the paymen~ of ~d bon~ ~nd the le~ of taxes ~t' ;c.c ~3 '..~ nffM~.the dist~ct eontin~n~ in o~ee ~he present par~ .:,k .". '~: '; ' ,~ ~i0nem ~nd the ~e~er Of' the said park dls~e~ ,a~ elmpter sixty-one of the laws of nineteen hundred twenty-four relat- ing thereto," is hereby amended to read as follows: . : § 3. The park commissioners shall have power to acquire lands "~rithin the bmmdaries of the district from the owner or owners , thereof, by gift, purchase, or by condemnation in the manner pro- ~ ' ~lecl hy the condemnation law. Upon the acquisition of such lands ',. the. park commissioners shall cause the same to be laid out and improved as a public park. Notwithstanding any'. ineon- aistent, provision of this st,' the town board of the town of Southold upon application made by the park eommL~ioner may appEopriate and cause to be raised by tax ou the taxable real prop- arty of ~he d/strict, not exeeed/ng one thousand dollor~ in any year, '. to be used and expended for the aequisitibff oCla~d~.f~he amount .' ~ or amounts necessary to pay the cost of land acquired by 'purchase :~' .0~2oy condemnation may be included and raised by tax on the * ·. ' ~ble real property Of the park district if a proposition to_that t .' . effect is vote~l by the resident taxpayers of the district.~ Suc~- -' e' expenditures shall be made only during the fiscal year for which '" sffch.taxes are to be levied. ,-, ~,.~'9te.--Amendment required by Loc~,1 FLub. ucc .r~v §§ 24.00, 30.60 ~n~.'35.00~ ~ ~' 21L Section four of such chapter is hereby amended to read ~ as follows: - § 4.' The park commissioners shall have power within the appro- · priation voted by resident taxpayers of the d~strict: (1) to rent . land for park purposes; (2) to dredge channels and creeks within · the said district; (3) to erect bulkheads and docks on park prop- arty; ,(4) to lay out playgrounds and furnish same with buildings and equipment for recreation and amusement; (5) to rent conees- .,,, s~ons for the sale of refreshments and to equLp places for that put- .. pose~ (6) to build roads and sidewalks on park property; (7) to sell.any of the park district property; real or personal, with the : ' ,approval of a majority vote q£ the resident taxpayers of the dis- i' voting upon a proposition submitted at a special meeting trier · ' - duly called for the purpose; (8) to keep said parks and recreation ~ "; ' faalllties'sub~eet to their regulation open and free to residents of ~' ~.~, the.park distrie~ at all Yessonahle hours and make suitable ruIes · ~ ' and.¥eguL~tions with respect to the use and enjoyment and the maintenance of order ~n all the park property; (9) to rent to or;an- . t: .izations~ pavilions or other buildin~ for the purpose of holding · meetings, dances or entertainments to which an admission may be ~h~ged ~ and (10) to make contracts for any and all purposes within the'appropriations voted by the residen~ taxpayers of said park ~astriet for'the purpose of carrying out the authorization and powers herein granted. ~Vhenever the'park eomm/ssioners shall submit a request in writing for an appropriation of any sum of~ , money ~or any of the purposes herein authorized, the secretary of the park'district shall call a meeting of the resident taxpayers of Said iiistriet .for the purpose of voting upon the question of appro- ' :Printing 'such~ money; such meeting, to be 'called by notice posted ;;~nsPie. u?usly in at least four of the-mo~t pubtie places'of said park d~s~rmt~ and pubhshed m a newspaper publ shed n the town o[ .S,~uthold for two weeks next before the holdin~ of any such meeting, ~ich n0tiee shall state the time place and pu~ose of the m~t~. · ~t,any such meetm~ the resident taxpayers may appropriate tile a~Ount requested, by the park eommiss oners or any less amount for ~pendttures to be made durmg the ~cal year for which such ~ ~:{o be le~ed and wten the appropriation' ~ made the park eom~ssi0ners ~hall file in ~he o~ee of the town eterk of the town ~f Southold a certific~e duty signal by them spec~yin~ the amount a~ropriat~ and the purpo~ for'which it ~s made Noth~g eon- ~ ~his section shall be construed to prevent the ~ from 'a~a~e the cost of any improvement for such park dist~et pur- 30.00,~ 35.00; al~ amendment- ~ ~ 3 of, this c~p~ ~y the ~eceding r { :~12; Section g~ of ,ucl~ chapter ~ hereby 'amended to read as ~ .~ 6. ~ter any park ~mDrovement m constructed and completed i~'shall be maintained by'the board of park toss,stoners On or helore the ~teenth day of July annually, the p~k eomm~oners ( ~'~"~"~hM1 prepare detailed est~ates in writin~ of the anticipated rev- e~ues ~ ~pendit~es of such.park d~trict,, ~duding amoun~ necessa~.~ pay i~tallments ol'-princip~ and-inter~t on town dbhgatio~ ~or .the .purpose of determ~ the ~o~t oi money required to meet the expenses of maintainin~ the park dis- t~et; for~the ~ year commencing on tt~e first day.of January ~t sueaeeding.' Such estimates shall be filed in the o~ce of the -~ clerk, of the ~wn o~ Sonthold.where they shall he available fdr~peetion by any interested person at all reasonable hours. 0a oe bd~ose the arst day of Au~t~t next succeeding, the secrearv of ibc.park district shall call a-meetin~ of resident taxpaye~ of';he '-~" ~trict p~suant t0 fiotice in the same manner~as provida[ for d~ll~g-~ elation in the district and the resident taxpayers by .~joriiy; vote of tho~ present and.votin~ may adopt the'bnd~dt of ~pen&tures of the d~stnct as submitted or ~t may mcrease, ~g, t5 estim~& revenues or indebtedness, or aaa new items ot ~p~ture aaa ~ so modified shall aaopt the same. At such meet~g ~y ~terested person may. be heard in favor or against tha.~it~tes as compiled or agai~t any item,there~ eont&ined. ~ter ~uch annual esnmates shall have been adopted the amount Shall be le~ed and assessed a~a nsc t ~e taxable real property of the park d~s~ct and collected ~n the same manner, at the same Use and.by ~e.same on'rets as the taxes of the to~ of. Southold are le~ea,:assessed and,collected . and when collected shah first be ;a~Hed' m pa~ent of installments of principal and of interest oa ':.i~..,::.?',{o~,, 6bligatio~. maturing in ~ the year for which the taxa ~.le~ed, and the rem md-r snaH..be pa~d over ~mmed~ately to the ;~r ofthe said park district and the t0~ shall be r~ponsib e for any o~d all sUm~ so collected until the ~ame shall be paid over .to. sueh.trea.~urer~ ~a. ny expeH~ incurred by the tow~ of 8outhold "' ~ in connection with the performan,'e of its duties uuder th~ ae~ or ' kon a~ount of any park improvement or othe~ matter eouneet~ with .~e.~ark ~stric~ shall be a charge a~ainst the park d~riet and "' ~1 bedncluded and raised by tax on the taxable real property of i · .~t~i~striet and when collected shall I~ paid to the supe~isor of '? '~ ' th& t0wn.'~ The provisions of the town law ~lat/n~ to d~tfiet and ..~ ' 's~eial ~p~ovements in tow!~s not incoushteut with the provisio~ 'of ibis act, shall ~pply to the operation and maintenance of the . ~ ~ 'Mdtfituek park disfriet in the town of Southold, Suffo~ eo~ty. ~ ~ote~Amendment required by ~al Fiance ~ ~ ~0.00. : '.': " ~gO¢~b~g reference: ~e also Pa~ ~ven,~{ lfi,:of ~s'.~' i-'~' .... ,-:~' ~0. Section nine 0f chapter tWO hundred twOhy-nine of the ~ '"'~ ~aw~ of. nineteen hundred forty-two, entitled: "An act to provide~.~' 'for;~e'establ~hment of a water acquisition and storage ~striet ~' ' · :in¢the to~ of Tonawanda Erie county, and to pro'de for the ' adoPffon of a master plan therefor and Sot the construction of the ' -. wa~r syste~ .sho~ upon such plan and for the finane~g of the .~6at ~ereof, and to provide for the designation of the water dis- '. ~rie~ of such to~ ~ water distributin~ d~tricts and for the con- stmeti0n of water mains therefor, and to repeal chapter eighty- 'fly9 0f the laws of nineteen hundred~ forty,]' is hereby amend~ ~ ~ead .~ follows: ' .. ~ ~].~ Applicab~ty of a~icle green of to~ law. The provisions of aPtiele'fifteen of the fown law sha~l apply to ~y ~provement : ma~e pumuant to this act, ' ~:.~ot~.--a~,na~t required, by' ~al Finance ~d i~ 10.00, Ilia, 20.00 "" ~d30.00. , " : " :"' ? ~ 280.'Section one of chapter three hundred ~e~ne, of the ~ la~ of. nineteen hundred twelve, entitled An ae~ to p~v~de a ~. ' ~ ~ter supply.for the to~ of,Waterford, Saratoga cowry, and its . :. ~i~ts '" ~ hereby amended to read as fo low~ ' 8~tion 1. Within thirty days after th~'aet beaomes law or as ': ' ~oon thekeafter as po~ibte, the supe~oe of the town of Waterford .. Saratoga county, Ne;v York, s~ll appoint five men from the electom ;: ~ed on the last preceding assessment roll of said to;~ to eon- ' : ' ~tute a board of water eommi~ioners in and for the town of ~a~erford, saratoga county, New York, and.they shall hold their ~ ': .~ 0fl~. for- ~e .tern of two .yea~ ~d un~. ~eir.sueee~om are STATE OF NEW YORK : COUNTY OF SUFFOLK SUPREME COURT SHEILA WIRSING, Plaintiff, : -against- : ROBERT L. BERGEN, FRANK MURPHY and : LAURENCE P. REEVE, constituting the MATTITUCK PARK COMMISSION, : Defendants o : : TO THE ABOVE NAMED DEFENDANTS: SUMMONS Index No. 73-950 You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the day Of service, where service is made by delivery upon you personally within the state, or within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief ~manded in the complaint. Plaintiff designates Suffolk County as place of trial. The venue in Suffolk County is predicated upon the fact that the plaintiff resides within said Suffolk County. Dated: January 22, 1973 CHARLES R. CUDDY Attorney for the Plaintiff Office and Post Office Address Box 66D Marratooka Road Mattituck, New York STATE OF NEW YORK : COUNTY OF SUFFOLK SUPREME COURT SNEILA WIRSING, : Plaintiff, : -against- : ROBERT L. BERGEN, FRANK MURPHY and : LAURENCE P. REEVE, constituting the MATTITUCK PARK COMMISSION, Defendants. : COMPLAINT Index No. 73-950 Plaintiff, complaining of the defendants, by her attorney, Charles R. Cuddy, Esq., alleges: FIRST: That at all times hereinafter mentioned plaintiff was and still is over the age of twenty-one years, a resident of the Mattituck Park District (Town of Southold, County of Suffolk, State of New York) and a taxpayer and is duly qualified to vote in elections conducted by the Mattituck Park Commission. SECOND: The defendants, Robert Lo Bergen, Frank Murphy and Laurence P. Reeve, are now and on January 11, 1973, were the duly elected and qualified Commissioners of the Mattituck Park District and as such duly constitute the Mattituck Park Commission. THIRD: On January 11, 1973, a special district election was held in and for the Mattituck Park District for the approval of the acquisition of four and one-half (4 1/2) acres of additional land for the Park District and the financing of said acquisition by a bond issue. FOURTH: Notice of the special district election was advertised in offic~l newspapers of the Town of Southold, County of Suffolk, State of New York, specifying that the election was to be conducted from 6:45 p.m. to 9:30 p.m. and said election was in fact conducted during those hours. FIFTH: election are contrary voting time prevented ballot. Upon information and belief, said hours of to the Town Law, Section 82, and the reduced some qualified voters from casting a SIXTH: Upon information and belief, notice of said special district election was not timely posted as ~uired by the Town Law. SEVENTH: That the election was conducted in an improper manner and distinguished by a number of irregularties in that: (a) with the voting and A public meeting was conducted simultaneously the subject of the public meeting was the question being voted upon. (b) The Park Commissioners, as opposed to the election inspectors, directed the activities at the polling place and controlled the entire voting procedure. (c) More than 680 people voted in two (2) hours and forty-five (45) minutes resulting in waiting periods of more than one hour to cast a vote - thus deteming a number of qualified voters from voting. (d) Insufficient provision was made for casting a ballot in a voting booth - with the result that nearly all ballots were marked and cast in public. (e) Only 500 ballots were printed, compelling the last 180 voters to cast a vote by checking a box on a hand drawn ballot which did not include upon. taxpaying signed a blank sheet of paper. (g) Both absentee ballots and were permitte~ and counted. the proposition being voted (f) No check as to a voters residence or status was made. To qualify to vote a voter merely ballots by proxy -2- (h) The Park Commission refused to permit watchers or inspectors representing interests opposed to the proposition. (i) At the conclusion of voting the ballots were taken to a private room to be counted and the public was excluded. EIGHTH: That the voting procedure and method of voting was challenged and objected to; however, the Mattituck Park Commission has refused to nullify the election and is relying on and acting upon the announced result of 364 for and 322 against. NINTH: That the legislative act creating the Mattituck Park District does not provide for or authorize an election to approve a bond issue and, upon information and belief, the Local Finance Law does not require a mandatory referendum or authorize a permissive referendum to approve a bond issue. TENTH: That the Mattituck Park Commission is not authorized to and is not permitted to conduct a special district election to seek voter approval to acquire land and approve a bond issue. ELEVENTH: That plaintiff will suffer substantial harm as a result of the announced vote in said election in that other persons or public bodies or agencies will rely upon the results of said election and permit the acquisition of said land and authorize the bond issue, and plaintiff is without adequate remedy at law. TWELFTH: By reason of the foregoing the conduct of said special district election is contrary to theDue Process clause and violates Equal Protection of the laws clause as provided in both the Constitution of the State of New York and the Constitution of the United States of America. WHEREFORE, plaintiff demands judgment against the defendants as follows: (a) Permanently enjoining and restraining the defendants from relying on and acting upon or publishing, proclaiming, announcing or presenting the results of said special district election. -3- (b) null and void and without force or effect. (c) For such other and further relief as Court may seem just and proper in the premises; and action. Declaring said special district election to the (d) Plaintiff's costs and disbursements in this CHARLES R. CUDDY, ESQ. Attorney for the Plaintiff Office and Post Office Address Box 66D Marratooka Road Mattituck, New York -4-