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MATTER OF ROGER HOMES 2ND CORP. v. TILFORD

276 A.D. 864 (1949)

In the Matter of Roger Homes 2nd Corp., Appellant, v. William S. Tilford, as Building and Zoning Inspector of The Town of Oyster Bay, Nassau County, Respondent

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

December 19, 1949.

Order unanimously affirmed, with $50 costs and disbursements.

The certificate of disclaimer and abandonment filed by the owners of the property in 1931, pursuant to the provisions of the then section 42 (now § 32) of the Tax Law, was an abandonment for all purposes of the subdivision filed in 1926.

Nolan, P. J., concurs for the reasons stated, and on the further ground that relief was not available to appellant in this proceeding. (Civ. Prac...

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