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MATTER OF SMITH v. LEVITT

37 A.D.2d 418 (1971)

In the Matter of Chester Smith et al., Petitioners, v. Arthur Levitt, as Comptroller of The State of New York, et al., Respondents

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

December 1, 1971.

Attorney(s) appearing for the Case

Carroll & Carroll (John B. Carroll of counsel), for petitioners.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Grace K. Banoff of counsel), for respondents.

AULISI, STALEY, JR., SWEENEY and SIMONS, JJ., concur.

HERLIHY, P. J.

The petitioners by way of a petition in this proceeding against the respondents, and in particular New York State Urban Development Corporation [hereinafter referred to as UDC], owner of 3,000 acres of land in the Town of Lysander, County of Onondaga, known as Lysander New Community, a proposed development into an 18,000 person city, seek consent pursuant to section 1 of article V of the New York...

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