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HAMPTON HEIGHTS DEVELOPMENT CORPORATION et al., Appellants, v. BOARD OF WATER SUPPLY OF THE CITY OF UTICA et al., Respondents. (Action No. 1.) CITY OF UTICA BOARD OF WATER SUPPLY, Plaintiff,

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: We modify the judgment to the extent of invalidating that portion of the local law providing that each member of the Board of Water Supply of the City of Utica will serve for a five-year term. Because the Mayor of the City of Utica serves only a four-year term, this provision allows a Mayor to bind his successor, and is, therefore, invalid in the absence of submission to a public referendum (Municipal Home Rule Law § 23 [f]; Morin v Foster, 45 N.Y.2d 287).

We affirm the balance of the judgment for reasons stated at Special Term ([Tenney, J.] Hampton Hgts. Dev. Corp. v Board of Water Supply, 136 Misc.2d 906).

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HAMPTON HEIGHTS DEV. v. BD. OF WATER SUPPLY
(May 27, 1988)