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MTR. OF VIL. OF OLD FIELD v. SCHUYLER

13 N.Y.2d 6 (1963)

In the Matter of the Village of Old Field et al., Respondents, v. Cortlandt Van Rensselaer Schuyler, as Commissioner of General Services of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 29, 1963.

Attorney(s) appearing for the Case

Irving I. Waxman and William M. Smith for Flax Pond Improvement & Realty Corp., appellant.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Paxton Blair of counsel), for Cortlandt Van Rensselaer Schuyler, appellant.

Charles E. Nichols for respondents.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI concur.

FOSTER, J.

This is an appeal from an order of the Appellate Division, Third Department, in a proceeding under article 78 of the Civil Practice Act, which reversed an order of the Albany County Special Term dismissing the petition herein and annulled the determination of the Board of Commissioners of the Land Office of the State of New York (predecessor to Cortlandt Van

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