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MATTER OF RINAS v. DURYEA

278 A.D. 419 (1951)

In the Matter of Emil T. Rinas et al., Constituting The Board of Water Commissioners of Roslyn Water District of the Town of North Hempstead, Nassau County, Petitioners, v. Perry P. Duryea et al., Constituting The Water Power and Control Commission of the State of New York, et al., Respondents

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

June 29, 1951.

Attorney(s) appearing for the Case

Harry W. Moore for petitioners.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Edward L. Ryan of counsel), for Water Power and Control Commission, respondent.

J. Oakley McKnight, for Incorporated Villages of East Hills and Old Westbury, respondents.

Moore, Oppido and van Horne, for Westgate Building Corp., and Westwood at Roslyn Section 3, Inc., respondents.

FOSTER, P. J., BREWSTER, BERGAN and COON, JJ., concur.

DEYO, J.

The petitioning water district was established pursuant to the Town Law in 1910, at which time there were no incorporated villages within its confines, either in whole or in part. As the population of the area grew, several villages were established wholly or partially within the territorial limits of the district. The Water District expanded and developed with the times and has and continues to supply...

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