Town Board of Clarkstown v. Sterngass

Order reversed, without costs, and the judgment of Supreme Court, Rockland County, reinstated. On close balance the court favors the findings of fact by Special Term (see Cohen and Karger, Powers of the New York Court of Appeals, § 112).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.