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MATTER OF INC. VIL. OF WALDEN v. RUSK

44 Misc.2d 216 (1964)

In the Matter of the Incorporated Village of Walden, New York, Petitioner, v. William Rusk et al., Constituting Town Board of the Town of Montgomery, Respondents.

Supreme Court, Orange County.

October 26, 1964

Attorney(s) appearing for the Case

Gerald N. Jacobowitz for petitioner. James H. Saunders for respondents.

GEORGE M. FANELLI, J.

In this proceeding brought under article 78 of the CPLR petitioner Village of Walden seeks an order annulling a resolution adopted by the Town of Montgomery wherein it refused to give its consent to petitioner's request that a certain parcel of adjoining uninhabited land be annexed to said village. Respondent cross-moves to dismiss the petition because of legal insufficiency and upon the...

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