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MATTER OF 117 CTR. AVE. CORP. v. BERG

35 A.D.2d 601 (1970)

In the Matter of 117 Centre Avenue Corp., Respondent, v. Winfred M. Berg, as Mayor of The Incorporated Village of East Rockaway, et al., Appellants

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

July 27, 1970

Judgment affirmed, with $10 costs and disbursements.

No opinion.

Hopkins, J., dissents and votes to reverse the judgment and to dismiss the petition, with the following memorandum:

The question is whether subdivision 8 of section 89 of the Village Law requires the appellant Board of Trustees to designate the only newspaper published in the Village of East Rockaway as the official newspaper of the village. That statute, in my opinion, makes...

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