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MTR. OF JONES v. TOWN BD., PETERSBURG

35 Misc.2d 688 (1962)

In the Matter of Duane Jones, Petitioner, v. Town Board of the Town of Petersburg et al., Respondents.

Supreme Court, Special Term, Rensselaer County.

May 3, 1962

Attorney(s) appearing for the Case

William H. Ivimey for petitioner. F. Richard Decatur, Jr., for Town Board of the Town of Petersburg, respondent. Filley, Decatur & Finnan (F. Richard Decatur of counsel), for Warren Stevens, respondent.

LAWRENCE H. COOKE, J.

Petitioner brings this proceeding under article 78 of the Civil Practice Act for "either an Order declaring that respondent, WARREN STEVENS, was not eligible to assume and forfeited his right to hold and occupy the office of Highway Superintendent of the Town of Petersburg by reason of his not being a real property owner of record, that he be ousted and restrainted from acting as such Superintendent of Highways, that the petitioner...

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