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MATTER OF BAYLES v. ANDERSON

41 Misc.2d 909 (1964)

In the Matter of Alfred S. Bayles, Petitioner, v. Francis J. Anderson, as County Clerk of the County of Nassau, Respondent.

Supreme Court, Nassau County.

January 24, 1964

Attorney(s) appearing for the Case

Jacobson & Goldberg (Miles R. Jacobson of counsel), for petitioner. George M. Onken and Richard H. Stokes for Long Island Rail Road Company, intervening defendant. Francis J. Anderson, County Clerk, respondent in person.

THEODORE VELSOR, J.

This is a proceeding under article 78 of the Civil Practice Law and Rules in which petitioner seeks an order directing the Clerk of the County of Nassau to accept for filing, and to record nunc pro tunc, as of September 1, 1961, a declaration of intention to preserve restrictions on the use of land, pursuant to section 345 of the Real Property Law.

In 1897 petitioner's father...

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