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MATTER OF MEYER v. ELDERD

284 A.D. 909 (1954)

In the Matter of Bernard S. Meyer, Appellant, v. Ernest E. Elderd et al., Constituting The Board of Trustees of the Village of Cedarhurst, Nassau County, Respondents

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

October 28, 1954.

Order affirmed, without costs.

No opinion.

Murphy, J., dissents and votes to reverse the order and to grant the application, with the following memorandum:

The respondents are authorized to grant permission to erect a political banner upon written application. (General Ordinances of Village of Cedarhurst, Ordinance No. 119, §§ 1, 3.) They waived and rendered futile a written application by acting upon and denying an oral application...

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