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MOUNT KISCO v. TN OF BEDFORD

45 N.Y.2d 335 (1978)

Mayor of the Village of Mount Kisco et al., Respondents, and William J. Green, Intervenor-Respondent, v. Supervisor of the Town of Bedford et al. Appellants.

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

Joseph J. Buderwitz, Jr., Alfred E. Page, Jr., and James F. Donohue for appellants.

Gerald W. Matlin for respondents.

Henry J. Smith, John G. McQuaid, Gerald Nolan, James Dempsey and Thomas J. Singleton for intervenor-respondent.

Albert K. Butzel and Barry S. Neuman for the Regional Review League and Federated Conservationists of Westchester County, amicus curiae.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

GABRIELLI, J.

The court is presented with a controverted proposed annexation by a municipality of territory within an adjoining town. The Supervisor and Town Board of the Town of Bedford ask this court to overturn a judgment of the Appellate Division which determined that annexation by the Village of Mount Kisco of certain lands presently located in the town adjacent to the village border is in the over-all public...

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