MATTER OF NIEREL v. TOWN OF OYSTER BAY


200 Misc. 21 (1951)

In the Matter of Nat Nierel et al., Doing Business as Merchandise Outlet Sales-Farmers Market, Petitioners, v. Town of Oyster Bay et al., Respondents.

Supreme Court, Special Term, Nassau County.

April 24, 1951.


Attorney(s) appearing for the Case

Leon and Carl Madonik for petitioners.

Theodore V. Summers for respondents.


HALLINAN, J.

Petitioners bring this proceeding, pursuant to article 78 of the Civil Practice Act, for an order in the nature of mandamus directing the respondents to eliminate section 13 of the "Merchandise or Public Mart Ordinance of the Town of Oyster Bay" from the notice of enactment thereof, and for other relief.

On October 17, 1950, the Town Board of Oyster Bay, after a public hearing, adopted the first twelve sections of said ordinance....

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