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MATTER OF CIMINERA v. SAHM

4 N.Y.2d 400 (1958)

In the Matter of Ralph J. Ciminera, Respondent, v. Henry A. Sahm et al., Constituting the Town Board of North Hempstead, County of Nassau, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

James L. Dowsey, Jr., Town Attorney (Walter E. Beverly, Jr., of counsel), appellant in person and for Henry A. Sahm and others, appellants.

Charles Belous for respondent.

Judges DESMOND, DYE, FROESSEL and BURKE concur in Per Curiam opinion; Judge FULD dissents in an opinion in which Chief Judge CONWAY and Judge VAN VOORHIS concur.

Per Curiam.

This proceeding was brought under article 78 of the Civil Practice Act to compel the town officials of the township of North Hempstead to enforce an "Ordinance Relating to Sand Bank and Pit, Topsoil Removal and Other Excavations". The petition alleges the validity of the ordinance, the duty of the town officials to enforce the ordinance, and recites specific instances of their refusal, neglect and failure...

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