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MTR. OF FAHNESTOCK v. OFFICE OF GEN. SERV.

24 A.D.2d 98 (1965)

In the Matter of Catherine B. Fahnestock et al., on Behalf of Themselves and All Other Residents of The State of New York Similarly Situated, et al., Appellants, v. Office of General Services of the State of New York et al., Respondents

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

October 29, 1965.

Attorney(s) appearing for the Case

Casey, Lane & Mittendorf (Samuel M. Lane of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Emil Woldar and Ruth Kessler Toch of counsel), for Office of General Services and others, respondents.

Robert C. Meade, Town Attorney (Arthur W. Block of counsel), for Town of North Hempstead, respondent.

GIBSON, P. J., HERLIHY, REYNOLDS and AULISI, JJ., concur.

HAMM, J.

This is an appeal from a judgment dismissing the petition in an article 78 proceeding.

The appellants are seeking to prevent the construction of a municipal incinerator plant on lands in Hempstead Harbor which the Town of North Hempstead claimed to own. By an act effective April 14, 1962, the Office of General Services in the Executive Department was authorized and empowered to grant to the town...

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