Order reversed, without costs, and matter remitted to the Special Term for further proceedings consistent herewith, with leave to the Town Board, within 20 days after entry of the order hereon, to serve and file, pursuant to section 1291 of the Civil Practice Act, its verified answer, return and affidavits or other written proof showing such evidentiary facts as shall entitle it to a trial of any issue of fact; and without prejudice to the right of petitioner, in the event...
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