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TOWN OF SOMERS v. COVEY

2 N.Y.2d 250 (1957)

Town of Somers, Respondent, v. Edwin B. Covey, as Committee of the Person and Property of Nora Brainard, an Incompetent, Appellant.

Court of Appeals of the State of New York.

Decided January 10, 1957.

Attorney(s) appearing for the Case

Samuel M. Sprafkin, Adolph I. King and Mandel M. Einhorn for appellant.

Harry H. Chambers and Otto E. Koegel for respondent.

Jacob K. Javits, Attorney-General (John R. Davison and James O. Moore, Jr., of counsel), in his statutory capacity under section 71 of the Executive Law.

DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

CONWAY, Ch. J.

The decision of this court in Town of Somers v. Covey (308 N.Y. 798), affirming an order of the Appellate Division in favor of the Town of Somers and answering the certified question in the affirmative, has been reversed by the Supreme Court of the United States, and the case has been remanded to this court "for proceedings not inconsistent with this opinion...

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