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MTR. OF TN. OF CHEEKTOWAGA v. LEVITT

22 Misc.2d 163 (1960)

In the Matter of the Town of Cheektowaga et al., Petitioners, v. Arthur Levitt, as Comptroller of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

March 16, 1960.

Attorney(s) appearing for the Case

Thomas E. Delahunt for Town of Cheektowaga, petitioner.

Kenneth W. Kitzinger for U-Crest Fire District No. 4 and another, petitioners.

Louis J. Lefkowitz, Attorney-General (Paul C. Reuss and Herbert H. Smith of counsel), for respondent.

Hodgson, Russ, Andrews, Woods & Goodyear (Victor T. Fuzak of counsel), for Westinghouse Electric Corporation.

ISADORE BOOKSTEIN, J.

The petitioner, Town Board of the Town of Cheektowaga, hereinafter referred to as "Town Board", pursuant to article 11 of the Town Law, has attempted to procure an extension of territory of U-Crest Fire District No. 4 of the Town of Cheektowaga, hereinafter referred to as "Fire District".

Subdivision 1 of section 170 provides for a proceeding to extend a fire district to be initiated by petition and when thus initiated the...

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