In re Tarter — 8 N.Y.2d 718

Majority

p. 718

In the Matter of William Tarter et al., on Behalf of Themselves and All Other Owners of Real Property in Atlantic Beach, Nassau County, Similarly Situated, Respondents, against Edward P. Larkin, as Presiding Supervisor of the Town of Hempstead, Appellant.

Argued March 29, 1960;

decided April 21, 1960.

p. 720

John A. Morhous, Town Attorney (William, C. Mattison, Richard P. Charles and Mario Matthew Cuomo of counsel), for appellant.

Charles E. Lapp, Jr., for respondents.

Order affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.