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REPPER v. PATTERSON

306 N.Y. 683 (1954)

In the Matter of Virginia Repper, on Behalf of Herself and All Other Residents and Property Owners in Harbor Island, Island Park, Nassau County, Similarly Situated, Appellant, v. A. Holly Patterson et al., Constituting the Town Board of the Town of Hempstead, Respondents, and Oil Products, Inc., et al., Interveners, Respondents.

Court of Appeals of the State of New York.

Decided January 14, 1954

Attorney(s) appearing for the Case

Jules B. St. Germain for appellant.

George W. Foley, Chauncey B. Garver and Robert L. Clare, Jr., for Boykin C. Wright, amicus curiæ, in support of appellant's position.

John A. Morhous, Acting Town Attorney, for A. Holly Patterson and others, respondents, and Louis O. Bergh for Oil Products, Inc., intervener-respondent.

Alexander Kronhart for Walter M. Allen and others, amici curiæ, in support of respondents' position.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

Per Curiam.

This proceeding was brought pursuant to article 78 of the Civil Practice Act to review refusal by the town board of the Town of Hempstead to consent, pursuant to section 348 of the Village Law, to a petition for annexation of territory to the village of Island Park. We find in the record herein substantial evidence upon which the town board could find, as it did, that the petition lacked signatures of a...

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