MATTER OF HOFSTRA COLL. v. WILMERDING


12 A.D.2d 631 (1960)

In the Matter of Hofstra College, Respondent, v. Henry A. Wilmerding et al., Constituting The Board of Appeals of the Incorporated Village of Old Westbury, Appellants, and Old Westbury Civic Association et al., Intervenors-Appellants

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

December 14, 1960


Motion by petitioner-respondent to dismiss the appeal of the appellant Board of Appeals, granted, and appeal dismissed on the ground that the board waived its right to appeal by electing to proceed in accordance with one of the provisions of the order appealed from. Motion by petitioner-respondent to dismiss the appeal of the intervenors-appellants for lack of prosecution, denied on condition that said appellants perfect their appeal and

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