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MATTER OF DWYER v. LINDSAY

23 N.Y.2d 562 (1969)

In the Matter of George H. Dwyer, Respondent, v. John V. Lindsay et al., Constituting the Board of Estimate of the City of New York, Appellants.

Court of Appeals of the State of New York.

Decided January 23, 1969.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Milton H. Harris and Stanley Buchsbaum of counsel), for appellants.

Saul S. Goldman and Isadore B. Hurwitz for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI and KEATING concur with Judge BERGAN; Judge JASEN dissents and votes to affirm; Judge BREITEL taking no part.

BERGAN, J.

Petitioner, as the owner of real property at 2120 Seventh Avenue, Manhattan, had requested the Board of Estimate to convey and release the city's title and interest in the property which it had acquired in an in rem action to foreclose tax liens (Administrative Code of City of New York, § D17-25.0).

The board, on hearing objections by the president of the Parents Association of Public...

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