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to Rule 5, and suggest that the matter take the usual course of uncontested applications.

Respectfully submitted,

EDWARD R. O'MALLEY,

Attorney-General.

T. B. DUNN,

State Treasurer.

FRANK. M. WILLIAMS,

State Engineer and Surveyor.

STATE OF NEW YORK,

ATTORNEY-GENERAL'S OFFICE,

ALBANY, December 8, 1909.

BEFORE THE STANDING COMMITTEE ON THE HEARING OF OF REMONSTRANCES.

In the matter of the application of BENJAMIN LOWENSTEIN for a grant of land under the waters of Arthur Kill at Tottenville, Richmond county for beneficial enjoyment.

To the Commissioners of the Land Office:

Gentlemen. The above entitled application having been referred to the undersigned together with a protest of the Commissioner of Docks of the City of New York against the granting of this application for the reason that the southerly line of the land applied for would overlap a grant formerly made to Gilbert C. Dean in 1887 and would also cut off any riparian right to the lands under water possessed by the owner on the southerly side of the applicant's property, we have the honor to report:

That the matter was duly noticed for hearing before your committee for September 7 last, at which time the applicant appeared by counsel and filed an amended map and description to conform

to the protest of the Dock department. No one appeared on be half of the remonstrant at said hearing, and the objection of the Dock department having been removed, we can see no objection to a grant being made as shown by the amended map and description, and would recommend that this application take the usual course of uncontested applications.

Respectfully submitted,

EDWARD R. O'MALLEY,

Attorney-General.

T. B. DUNN,

State Treasurer.

FRANK. M. WILLIAMS,

State Engineer and Surveyor.

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