TOWN OF SOMERS v. COVEY

Motion for reargument denied. Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz., whether the taking by the Town of Somers, of the property here involved, was, on this record, a deprivation of due process and equal protection of the laws under the Fourteenth Amendment. The Court of Appeals held that there was no denial of any constitutional right of the petitioner. [See Town of Somers v. Covey, 308 N.Y. 798.]

Motion staying the Town of Somers from proceeding with the sale of the subject property granted to and including May 25, 1955, to enable the appellant to apply to the Supreme Court of the United States or to a Justice thereof for a stay in connection with an application for writ of certiorari.