Hyperlawhypertext legal databasebeta Town Board of Clarkstown v. Sterngass 40 N.Y.2d 888

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Town Board of Clarkstown v. Sterngass

40 N.Y.2d 888 Court N.Y. Decision date 1976-10-19 English

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p. 888
In the Matter of the Town Board of the Town of Clarkstown et al., Respondents, v Rubin Sterngass et al., Appellants.
Argued September 16, 1976;
decided October 19, 1976
p. 889
Eugene N. Cavallo, Jr., for appellants.
Rubin Sterngass, appellant pro se.
Murray N. Jacobson, Town Attorney (Joseph Deutsch of counsel), for respondents.

Order reversed, without costs, and the judgment of Supreme Court, Rockland County, reinstated. On close balance the court favors the findings of fact by Special Term (see Cohen and Karger, Powers of the New York Court of Appeals, § 112).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.