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  5. 24 A.D.2d 824 (1965)
 

MATTER OF BURRETT v. TOWN BD. OF THE TOWN OF AMHERST

24 A.D.2d 824 (1965)

In the Matter of Henry Burrett, Appellant, v. Town Board of the Town of Amherst et al., Respondents

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

October 21, 1965

Order unanimously affirmed, without costs of this appeal to any party.

Memorandum:

We affirm this order but not on the grounds of the determination of the Special Term Justice. He decided that "[Petitioner] has completely failed to prove title to the said 10-foot strip in the Town." (Italics ours.) Although the procedure followed is not clear, obviously the decision was made upon affidavits and the petition. The affidavits present conflicting questions...

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