County of Dutchess v. Kendall

Appellate Division of the Supreme Court of New York

County of Dutchess v. Kendall

130 A.D.2d 491, 514 N.Y.S.2d 1012, 1987 N.Y. App. Div. LEXIS 46463

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 4, 1987

StatusPublished

Cited by1 cases

This text of 130 A.D.2d 491 (County of Dutchess v. Kendall) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

County of Dutchess v. Kendall, 130 A.D.2d 491, 514 N.Y.S.2d 1012, 1987 N.Y. App. Div. LEXIS 46463 (N.Y. Ct. App. 1987).

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Opinion

[492]*492In a proceeding for leave to file an acquisition map vesting title to certain real property to the petitioner, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Sullivan, J.), dated October 17, 1986, as amended November 7, 1986, which dismissed the proceeding.

Ordered that the judgment, as amended, is reversed, on the law, with costs, and the petition is granted.

Since it is clear that all of the procedural requirements of the statute have been met (see, Kendall v County of Dutchess, 130 AD2d 461 [decided herewith]), the condemnor’s application for leave to file an acquisition map must be granted (EDPL 402 [B] [5]). Bracken, J. P., Kunzeman, Kooper and Spatt, JJ., concur.

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[492]*492In a proceeding for leave to file an acquisition map vesting title to certain real property to the petitioner, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Sullivan, J.), dated October 17, 1986, as amended November 7, 1986, which dismissed the proceeding.

Ordered that the judgment, as amended, is reversed, on the law, with costs, and the petition is granted.

Since it is clear that all of the procedural requirements of the statute have been met (see, Kendall v County of Dutchess, 130 AD2d 461 [decided herewith]), the condemnor’s application for leave to file an acquisition map must be granted (EDPL 402 [B] [5]). Bracken, J. P., Kunzeman, Kooper and Spatt, JJ., concur.

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Bluebook (online)

130 A.D.2d 491, 514 N.Y.S.2d 1012, 1987 N.Y. App. Div. LEXIS 46463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-dutchess-v-kendall-nyappdiv-1987.

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