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COMMON COUNC. v. TN. JOHNSTOWN

32 N.Y.2d 1 (1973)

In the Matter of the Common Council of the City of Gloversville, Appellant, v. Town Board of the Town of Johnstown, Respondent.

Court of Appeals of the State of New York.

Decided March 14, 1973.

Attorney(s) appearing for the Case

Michael A. Mazzone, Special Attorney for City of Gloversville (J. Vanderbilt Straub and Stephen M. Cleary of counsel), for appellant.

Charles P. Caputo, Special Attorney for Town of Johnstown, respondent.

Chief Judge FULD and Judges BURKE, GABRIELLI, JONES and WACHTLER concur; Judge BREITEL taking no part.

JASEN, J.

The principal question presented on this appeal is whether territory bisected by a State highway may be annexed by an adjoining local government.1

In accordance with the provisions of section 712 of the General Municipal Law, the City of Gloversville (City) petitioned the Appellate Division, Third Department, for an adjudication and determination of whether or not...

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