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MATTER OF CUTLER v. HERMAN

3 N.Y.2d 334 (1957)

In the Matter of Charles S. Cutler, Respondent, v. Harold P. Herman et al., Constituting the Town Board of the Town of Hempstead, Nassau County, Appellants; Long Island Water Corporation, Intervenor-Appellant, et al., Intervenor.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

John A. Morhous, Town Attorney (Francis J. Donovan and Edward M. Kolbell of counsel), for appellants.

Edward F. Huber and Harry L. Bristol for intervenor-appellant.

Howard A. Rochford for respondent.

Martin Dwyer, Jr., Corporation Counsel, for Incorporated Village of Laurel Hollow, amicus curiæ, in support of respondent's position.

Donald A. Walsh for New York State Conference of Mayors and others, amici curiæ, in support of respondent's position.

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

FROESSEL, J.

In this article 78 proceeding, petitioner seeks to compel the Town Board of the Town of Hempstead to execute its consent to a petition for the annexation of certain territory to the Village of Rockville Centre, Nassau County, in accordance with section 348 of the Village Law. We agree with the Appellate Division that there is no basis in the record for the board's determination that the petition failed...

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