MATTER OF INC. VILL. OF HEMPSTEAD, NASSAU COUNTY


3 A.D.2d 922 (1957)

In the Matter of The Incorporated Village of Hempstead, Nassau County, Respondent, Relative to Acquiring Title to Real Property Required for the Widening of Orchard Street and Other Streets in said Village. Federated Department Stores, Inc., Appellant

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

May 6, 1957


Appeal dismissed, with $10 costs and disbursements. The order sought to be reviewed, being neither the final decree nor the confirmation of report mentioned in the statute, is not appealable (Village Law, § 321-l). We have, however, considered the merits. If the appeal were not being dismissed, the order would be affirmed.

In our opinion, under the circumstances of the proceeding at bar, the Special Term was without power to alter the final decree, in...

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