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BD. OF EDUC., WALTON v. MILES

18 A.D.2d 87 (1963)

Board of Education of Central School District No. 1 of the Towns of Walton, Hamden, Tompkins, Franklin and Sidney, Delaware County, Plaintiff, v. Eugenia T. Miles et al., Defendants

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

March 14, 1963.

Attorney(s) appearing for the Case

Paul F. Eaton (Hinman, Howard & Kattell of counsel; Keith E. Osber on the argument), for plaintiff.

Leonard E. Friedlander and Walter L. Terry for defendants.

GIBSON, HERLIHY, REYNOLDS and TAYLOR, JJ., concur.

BERGAN, P. J.

The problem presented by this submitted controversy (Civ. Prac. Act, §§ 546-548) is whether section 345 of the Real Property Law is constitutional in retroactive application. This section is one of several statutory amendments enacted in 1958 on recommendation of the Law Revision Commission dealing with certain future and contingent interests in real property (L. 1958, ch. 865).

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