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TN. OF HUNTINGTON v. TN. OF OYSTER BAY

57 Misc.2d 821 (1968)

In the Matter of Town of Huntington, Petitioner, v. Town Board of the Town of Oyster Bay et al., Respondents.

Supreme Court, Special Term, Nassau County.

June 11, 1968

Attorney(s) appearing for the Case

Arthur Goldstein, Town Attorney, for petitioner. Bernard F. McCaffrey, Town Attorney, for respondents.

FRANK A. GULOTTA, J.

These are two motions to dismiss an article 78 proceeding, one by the respondent Town Board of Oyster Bay and the other by respondents Fanjim Corporation and Kenper Corporation, the owners of the property affected. Both motions are based on an alleged lack of capacity on the part of the petitioner to maintain the proceeding.

It is claimed that petitioner, which is itself a town adjoining...

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