Fahnestock v. Office of General Services

This is an appeal from a judgment dismissing the petition in an article 78 proceeding.

The appellants are seeking to prevent the construction of a municipal incinerator plant on lands in Hempstead Harbor Avhich the Town of North Hempstead claimed to oavu. By an act effective April 14, 1962, the Office of General Services in the Executive Department Avas authorized and empowered to grant to the town title to lands under water in the harbor (L. 1962, ch. 508). In October of 1962 letters patent granting the land described in chapter 508 were issued and in November of 1962 duly recorded. This…