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MTR. OF BRENNER v. GREAT COVE REALTY CO.

6 N.Y.2d 435 (1959)

In the Matter of Harry C. Brenner, District Attorney of the County of Suffolk, Respondent, v. Great Cove Realty Co., Inc., et al., Appellants, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Arthur Karger and Morris Permut for appellants.

John P. Cohalan, Jr., District Attorney (David DuVivier of counsel), for respondents.

Chief Judge CONWAY and Judges DYE and BURKE concur with Judge FROESSEL; Judge DESMOND dissents and votes to reverse and to dismiss the proceeding in an opinion in which Judge VAN VOORHIS concurs; Judge FULD taking no part.

FROESSEL, J.

In a proceeding instituted by the District Attorney of Suffolk County pursuant to section 8 of the Indian Law, the County Court of Suffolk County adjudged that appellants were intruders upon lands comprising part of the Shinnecock Indian Reservation in Southampton, Long Island. The court directed the issuance of a warrant for their removal and delineated the boundaries of the "lands owned and occupied...

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