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MATTER OF RUSSO v. ERLWEIN

53 Misc.2d 697 (1967)

In the Matter of Matthew M. Russo, as Commissioner of Buildings of the Town of Hempstead, Petitioner, v. Joseph W. Erlwein, Respondent.

Supreme Court, Special Term, Nassau County.

April 21, 1967

Attorney(s) appearing for the Case

Howard E. Levitt, Town Attorney, for petitioner. Mack, Grady & Ricca for respondent.

FRANK A. GULOTTA, J.

This is a special proceeding by the Town of Hempstead to cause the removal of an unsafe building pursuant to Local Law No. 20.

The only party served with notice of the proceeding is a tax lien holder, one Joseph W. Erlwein, who has cross-moved to dismiss for want of jurisdiction.

In substance this law provides for the Commissioner of Buildings, upon receipt by him of information...

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