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KNAPP v. FASBENDER

1 N.Y.2d 212 (1956)

Arthur E. Knapp et al., Appellants, v. Walter Fasbender, as Supervisor of the Town of Huntington et al., Respondents.

Court of Appeals of the State of New York.

Decided April 27, 1956.

Attorney(s) appearing for the Case

Albert M. Levert for appellants.

Louis Cohen and George M. Blaesi for respondents.

DESMOND, DYE and FULD, JJ., concur with BURKE, J.; VAN VOORHIS, J., dissents in an opinion in which CONWAY, Ch. J., and FROESSEL, J., concur.

BURKE, J.

This is an appeal from a judgment declaring valid a proposition adopted on May 15, 1951, at a special town meeting of Huntington, Suffolk County, Long Island, reading as follows:

"PROPOSITION NUMBER ONE Shall the action of the Supervisor, Justices of the Peace and Town Clerk of the Town of Huntington in acquiring for the town in the name of the Board of Trustees the 22 acre beach and...

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