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MATTER OF TOWN BD. OF TOWN OF ISLIP

12 N.Y.2d 321 (1963)

In the Matter of the Town Board of the Town of Islip, Appellant, Relative to Acquiring Title to Real Property in Said Town for Bathing Beach and Park Purposes. David S. Fishman et al., Respondents.

Court of Appeals of the State of New York.

Decided March 28, 1963.

Attorney(s) appearing for the Case

Walter MacLyn Conlon and George F. X. McInerney for appellant.

Harry F. X. Hammer for respondents.

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

FOSTER, J.

The Town Board of the Town of Islip, Suffolk County, appeals from an order of the Appellate Division, Second Department, and the judgment entered thereon, which reversed an order of the Supreme Court, Suffolk County, in a condemnation proceeding.

The town, a township of the first class, attempted in this proceeding to condemn two lots, as shown on a map of Bayport Cove, for the purposes of...

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