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MATTER OF TARTER v. LARKIN

18 Misc.2d 617 (1959)

In the Matter of William Tarter et al., on Behalf of Themselves and All Other Owners of Real Property in Atlantic Beach, Nassau County, Similarly Situated, Petitioners, v. Edward P. Larkin, as Presiding Supervisor of the Town of Hempstead, Nassau County, Respondent.

Supreme Court, Special Term, Nassau County.

March 6, 1959.

Attorney(s) appearing for the Case

Charles E. Lapp for petitioners.

John A. Morhous, Town Attorney (Richard P. Charles of counsel), for respondent.

BERNARD S. MEYER, J.

Petitioners seek by this article 78 proceeding to compel the Presiding Supervisor of the Town of Hempstead to advertise and hold a hearing on petitioners' application for incorporation of the proposed Village of Atlantic Beach. An earlier motion by respondent to dismiss the petition was denied, and an appeal from that order dismissed (7 A.D.2d 847). Respondent then answered and the parties having...

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