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MTR. OF CEMETERY BD. v. EVERGREENS CEM.

33 Misc.2d 60 (1962)

In the Matter of Cemetery Board of the State of New York, Petitioner, v. Evergreens Cemetery, Respondent.

Supreme Court, Special Term, New York County.

January 15, 1962

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General, for petitioner. Shearman & Sterling (George W. Foley and Richard V. Giordano of counsel), for respondent.

JOSEPH A. GAVAGAN, J.

The petitioner has instituted separate proceedings under article 78 of the Civil Practice Act, respectively, against the Evergreens Cemetery (motion No. 111 of Jan. 9, 1962), the Greenwood Cemetery (motion No. 112 of Jan. 9, 1962, and the Lutheran Cemetery (motion No. 113 of Jan. 9, 1962). In each proceeding the petitioner seeks an order enjoining the respondent from closing its cemetery...

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