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MATTER OF A. C. NURSERIES, INC. v. BRADY

278 A.D. 974 (1951)

In the Matter of A. C. Nurseries, Inc., Appellant, v. John A. Brady, as Superintendent of Department of Buildings of City of Yonkers, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 25, 1951.

Final order unanimously affirmed, with $50 costs and disbursements.

Although some issues of fact were presented, the order appealed from was made upon the papers submitted, without the taking of testimony as provided for by section 1295 of the Civil Practice Act. However, the record does not disclose that appellant requested such a hearing at Special Term, nor does appellant contend upon this appeal that a hearing should have...

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