DECISION ORDER
ORDERED that the orders are affirmed, with one bill of costs.
Town Law § 64(6) demands that a formal resolution be passed by the Town Board and executed by the Town Supervisor in the name of the Town before a Town can be bound by any contract. Absent strict compliance with the formal requirements of this statute, no valid contract binding a Town may be found to exist (see, New York Tel. Co. v. Town of North Hempstead, 41 N.Y.2d 691 ; City of Zanesville, Ohio v. Mohawk Data Sciences Corp., 97 A.D.2d 64 ; Parone v. Rivers, 84 A.D.2d 686 ). The record here contains no evidence that the Town Board of the Town of Babylon ever considered or approved the contract at issue, or that the Town Supervisor ever executed it. Thus, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint (see, Goldberg v. Penny, 163 A.D.2d 352 ).
The plaintiff failed to establish any basis for vacatur of the order dated September 22, 1998, and, thus, the Supreme Court properly denied its motion to vacate.
S. MILLER, J.P., O'BRIEN, McGINITY, and SMITH, JJ., concur.