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TOWN OF RAMAPO v. VILL. OF SPRING VALLEY

13 N.Y.2d 918 (1963)

Town of Ramapo, Appellant, v. Village of Spring Valley et al., Respondents.

Court of Appeals of the State of New York.

Decided October 10, 1963.

Attorney(s) appearing for the Case

David H. Moses for appellant.

Abram Steinberg and Jacob Pesner for respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and SCILEPPI. Judge VAN VOORHIS dissents in the following opinion in which Judge FOSTER concurs:

Appeal dismissed, with costs, upon the ground that it presents questions other than the constitutionality of a statute (N. Y. Const., art. VI, § 3, subd. b, par. [2]; Civ. Prac. Act, § 588, subd. 4, now CPLR, § 5601, subd. [b], par. 2).

VAN VOORHIS, J. (dissenting).

This direct appeal from a judgment entered upon an order of a Special Term of the Supreme Court, taken under subdivision 4 of section 588 of the Civil Practice Act,...

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