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MATTER OF ANSON v. McGANN

279 A.D. 586 (1951)

In the Matter of George Anson, on Behalf of Himself and All Other Residents and Property Owners in the Incorporated Village of Island Park, Nassau County, Similarly Situated, Appellant, v. John McGann et al., Constituting The Board of Trustees of the Village of Island Park, Nassau County, et al., Appellants, and Albert Steiner et al., Respondents

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

October 1, 1951.

Order dismissing petition reversed on the law, with $10 costs and disbursements to petitioner-appellant, and the prayer of the petition granted.

In our opinion such determination by the village board of trustees is a duty specifically enjoined upon them by section 53 of the Village Law which they have failed to perform. (See Matter of Frame,...

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