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  5. 104 A.D.2d 26 (1984)
 

MATTER OF HAINES v. FLACKE

104 A.D.2d 26 (1984)

In the Matter of Jack Haines, Petitioner, v. Robert F. Flacke, as Commissioner of The Department of Environmental Conservation of the State of New York, et al., Respondents

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

November 5, 1984

Attorney(s) appearing for the Case

Rebore & Thorpe, P. C. (Irving Like and Paul W. Thorpe of counsel), for petitioner.

Robert Abrams, Attorney-General (Beryl Kuder of counsel), for respondents.

LAZER, J. P., MANGANO, NIEHOFF and BOYERS, JJ., concur.

Per Curiam.

The subject of this proceeding is a single vacant undeveloped lot located at Captree Island in the Town of Babylon, County of Suffolk. The property is designated as lot 32 on the map of Captree Island, filed in the clerk's office of the Town of Babylon on October 1, 1957. There are 32 lots shown on that map.

The Town of Babylon owns all of the 32 lots on Captree Island, but leases them out. Petitioner...

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