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MATTER OF LEHRER v. WALLACE

24 A.D.2d 602 (1965)

In the Matter of Benjamin Lehrer et al., Petitioners, v. Edwin E. Wallace et al., Constituting The Town Board of the Town of Ramapo, Respondents

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

July 12, 1965

Determination of the Town Board annulled, with costs; petition granted; and the Town Board directed to execute its consent to the proposed annexation.

As the annexation petition was made in 1963, the controlling statute is former section 348 of the Village Law (Nebel v. Town of Ramapo, 23 A.D.2d 821). Under that statute the granting of consent to annexation was a ministerial act, if the petition complied with the statute's procedural requirements (Village Law...

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