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MATTER OF PROBECK v. BORTH

35 A.D.2d 553 (1970)

In the Matter of Charles F. Probeck, Jr., et al., Appellants, v. Frank Borth et al., Constituting The Town of East Hampton, et al., Respondents. (Proceeding No. 1.) In the Matter of Charles F. Probeck, Jr., et al., Appellants, v. Bruce Collins et al., Constituting The Town of East Hampton, Respondents. (Proceeding No. 2.)

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

July 13, 1970

Order in proceeding No. 1 modified, on the law and in the exercise of discretion, so as to add a provision that the dismissal of the petitions is without prejudice to the service by petitioners of an amended petition or petitions setting forth all the ultimate facts petitioners claim entitle them to the relief they seek, and particularizing the relief sought against the respective respondents. As so modified, order affirmed, without costs.

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