MATTER OF ROGER HOMES 2ND CORP. v. TILFORD

Appeal from an order dismissing petition to direct respondent to issue building permits for the construction of one-family dwellings on petitioner's premises in the town of Oyster Bay. Order unanimously affirmed, with $50 costs and disbursements. The certificate of disclaimer and abandonment filed by the owners of the property in 1931, pursuant to the provisions of the then section 42 (now § 32) of the Tax Law, was an abandonment for all purposes of the subdivision filed in 1926. Johnston, Adel, Sneed and MacCrate, JJ., concur; Nolan, P.J., concurs for the reasons stated, and on the further ground that relief was not available to appellant in this proceeding. (Civ. Prac. Act, § 1285, subd. 4.) [See post, p. 963.]