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TN. OF JOHNSTOWN v. CITY OF GLOVERSVILLE

36 A.D.2d 143 (1971)

In the Matter of Town of Johnstown, Respondent, v. City of Gloversville, Appellant, and Gloversville Shopping Center, Inc., Respondent

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

March 16, 1971.

Attorney(s) appearing for the Case

Michael A. Mazzone for appellant.

Haviland & Ferguson for Gloversville Shopping Center, Inc., respondent.

Harry F. Dunkel for Town of Johnstown, respondent.

HERLIHY, P. J., STALEY, JR., SWEENEY and SIMONS, JJ., concur.

REYNOLDS, J.

This is an appeal from an order of the Supreme Court, Fulton County, granting respondent, Town of Johnstown, permission to file a resolution opposing a proposed annexation beyond the time provided by section 711 (subd. 2, par. b) of the General Municipal Law.

Special Term had no jurisdiction to grant the order here involved and this is so whether we consider the proceeding in the court below...

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