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MATTER OF PLUMMER v. DOMINY

18 A.D.2d 190 (1963)

In the Matter of E. Conway Plummer et al., Appellants, v. Charles R. Dominy, as Supervisor of Town of Brookhaven, Respondent

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

March 18, 1963.

Attorney(s) appearing for the Case

Griffing, Smith, Tasker, Finkelstein & Lundberg (Reginald C. Smith and Howard M. Finkelstein of counsel), for appellants.

Samuel I. Sloane for respondent.

Victor J. Yannacone, Jr., for Property Owners' Association of Port Jefferson, Inc., amicus curiæ.

BELDOCK, P. J., CHRIST, HILL and RABIN, JJ., concur.

UGHETTA, J.

The procedure to be employed in incorporating any territory as a village is set forth in article 2 of the Village Law. A proposition with attached consent, executed by qualified persons, with respect to a restricted area, must be delivered to the Town Supervisor. Of prime importance is the area of the territory. Its description is to be contained in the proposition and its population is to be set forth. The proposition must be signed by freeholders...

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