In re the Incorporated Village of Babylon

Appellate Division of the Supreme Court of New York

In re the Incorporated Village of Babylon

38 A.D.2d 957, 332 N.Y.S.2d 1, 1972 N.Y. App. Div. LEXIS 5108

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

DecidedMarch 20, 1972

StatusPublished

This text of 38 A.D.2d 957 (In re the Incorporated Village of Babylon) 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

In re the Incorporated Village of Babylon, 38 A.D.2d 957, 332 N.Y.S.2d 1, 1972 N.Y. App. Div. LEXIS 5108 (N.Y. Ct. App. 1972).

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Opinion

In a condemnation proceeding, the claimant appeals from a final decree of the Supreme Court, Suffolk County, dated May 28, 1970, which awarded him $33,155 with interest at 4% from the date of vesting, October 11, 1967, up to and including July 25, 1969, and thereafter at the rate of 6%. By a prior decision on this appeal, the ease was remitted to the Special Term for rendition of a statement indicating the rationale and factual basis of its decision and the appeal was ordered held in abeyance in the interim (Matter of Inc. Vil. of Babylon [Honsberger], 36 A D 2d 768). Such statement has since been made. Final decree modified, on the law, by increasing the rate of interest awarded from 4% to 6% from the date of vesting. As so modified, final decree affirmed, with costs and disbursements to the Village of Babylon (Matter of City of New York [Manhattan Civic Center Area], 27 N Y 2d 518; Dormitory Auth. of State of N. Y. v. Simon, 37 A D 2d 852). Hopkins, Acting P. J., Munder, Martuscello, Latham and Christ, JJ., concur.

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In a condemnation proceeding, the claimant appeals from a final decree of the Supreme Court, Suffolk County, dated May 28, 1970, which awarded him $33,155 with interest at 4% from the date of vesting, October 11, 1967, up to and including July 25, 1969, and thereafter at the rate of 6%. By a prior decision on this appeal, the ease was remitted to the Special Term for rendition of a statement indicating the rationale and factual basis of its decision and the appeal was ordered held in abeyance in the interim (Matter of Inc. Vil. of Babylon [Honsberger], 36 A D 2d 768). Such statement has since been made. Final decree modified, on the law, by increasing the rate of interest awarded from 4% to 6% from the date of vesting. As so modified, final decree affirmed, with costs and disbursements to the Village of Babylon (Matter of City of New York [Manhattan Civic Center Area], 27 N Y 2d 518; Dormitory Auth. of State of N. Y. v. Simon, 37 A D 2d 852). Hopkins, Acting P. J., Munder, Martuscello, Latham and Christ, JJ., concur.

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Bluebook (online)

38 A.D.2d 957, 332 N.Y.S.2d 1, 1972 N.Y. App. Div. LEXIS 5108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-incorporated-village-of-babylon-nyappdiv-1972.