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  5. 16 A.D.2d 952 (1962)
 

MATTER OF CONT'L TERMINAL OPERATING CORP. v. THOMPSON

16 A.D.2d 952 (1962)

In the Matter of Continental Terminal Operating Corp., Respondent, v. David C. Thompson et al., Constituting The Waterfront Commission of New York Harbor, Appellants

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

June 18, 1962

Order reversed on the law, without costs; determination confirmed; and proceeding dismissed, without costs.

The petition and the answer raised issues as to whether competent and sufficient proof was adduced to authorize the commission's determination. Hence, the Special Term should have transferred the proceeding to this court for disposition. In the absence of such transfer, however, this court may treat the proceeding as...

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