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MATTER OF TOWN BD. OF THE TOWN OF ISLIP v. FISHMAN

17 A.D.2d 654 (1962)

In the Matter of The Town Board of the Town of Islip, Appellant-Respondent, v. David S. Fishman et al., Respondents-Appellants

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

July 9, 1962

On claimants' appeal: Final order reversed on the law, with costs, and petition dismissed, with $50 costs.

We affirm the findings of fact below, and we would affirm the order if we did not reverse it and dismiss the petition on the law because of the jurisdictional defect. It is undisputed that a referendum by the electorate was never held in order to obtain their approval for the acquisition of the land involved in this...

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