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  5. 26 A.D.2d 230 (1966)
 

COMMON COUNCIL, ALBANY v. TOWN BD.

26 A.D.2d 230 (1966)

In the Matter of Common Council of the City of Albany, Petitioner, v. Town Board of the Town of Bethlehem, Respondent. (No. 7387.) In the Matter of Common Council of the City of Albany, Petitioner, and Leonard W. Everhart, Intervenor-Petitioner, v. Town Board of the Town of Bethlehem, Respondent, and Clayton B. Hall et al., Intervenors-Respondents. (No. 7450.)

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

July 21, 1966.

Attorney(s) appearing for the Case

John W. Hacker, Corporation Counsel (Howard C. Nolan of counsel), for petitioner.

George Myers for intervenor-petitioner.

Arthur E. McCormick for respondent and intervenors-respondents.

Louis J. Lefkowitz, Attorney-General (Emil Woldar of counsel), for the People of the State of New York.

HERLIHY, REYNOLDS, TAYLOR and AULISI, JJ., concur.

GIBSON, P. J.

Applications are made by petitioner Common Council for judgment that the proposed annexation to the City of Albany of certain territory in the Town of Bethlehem is in the over-all public interest, the applications being made in proceedings for an adjudication and determination of that issue brought pursuant to section 712 of the Municipal Annexation Law (General Municipal Law, art. 17). The territory...

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