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MATTER OF TOWN OF HEMPSTEAD

84 A.D.2d 542 (1981)

In the Matter of The Town of Hempstead, Respondent, Relative to Acquiring Title to Real Property Known as Point Lookout in the Vicinity of Sea Spray Drive East. Malibu Associates, Inc., Appellant; Ovide E. de St. Aubin et al., Respondents. (Matter No. 1.) In the Matter of The Town of Hempstead, Respondent, Relative to Acquiring Title to Real Property Near Point Lookout-Malibu. Malibu Associates, Inc., Appellant; Ovide E. de St. Aubin et al., Respondents. (Matter No. 2.)

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

October 13, 1981

Motion by petitioner-respondent Town of Hempstead: "(i) For an order pursuant to section 670.5 of the Rules of this Court to amend the decision and order of this Court, [both] dated April 6, 1981, so as to direct that this matter is remitted for further proceedings wherein Special Term shall determine (a) the value of the taken land (other than that improved by six dwellings) in a manner which reflects its devotion to use for beach club purposes, and (b) the value of the...

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