In re the Village of Port Chester

Appellate Division of the Supreme Court of New York

In re the Village of Port Chester

6 A.D.2d 826, 176 N.Y.S.2d 230, 1958 N.Y. App. Div. LEXIS 5458

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

DecidedJune 23, 1958

StatusPublished

This text of 6 A.D.2d 826 (In re the Village of Port Chester) 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 Village of Port Chester, 6 A.D.2d 826, 176 N.Y.S.2d 230, 1958 N.Y. App. Div. LEXIS 5458 (N.Y. Ct. App. 1958).

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Opinion

In a condemnation proceeding, the appeal is from an order (designated in the notice of appeal as an order and judgment) confirming the report of commissioners of appraisal and directing full payment of the award and an additional allowance to the respondents. Respondents claimed title to part of the premises as holders of letters patent, issued pursuant to the Public Lands Law, whereby the State of New York conveyed the land to the grantees “for the purpose of granting and conveying a restricted beneficial enjoyment ”. The letters patent which were issued in 1912 further provided that the grants “ shall cease and determine and become null and void” unless certain designated improvements were completed within five years from the date of each grant. It is not disputed that the required improvements were completed within the time limited. Order unanimously affirmed, with costs. No opinion. Present—Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ.

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In a condemnation proceeding, the appeal is from an order (designated in the notice of appeal as an order and judgment) confirming the report of commissioners of appraisal and directing full payment of the award and an additional allowance to the respondents. Respondents claimed title to part of the premises as holders of letters patent, issued pursuant to the Public Lands Law, whereby the State of New York conveyed the land to the grantees “for the purpose of granting and conveying a restricted beneficial enjoyment ”. The letters patent which were issued in 1912 further provided that the grants “ shall cease and determine and become null and void” unless certain designated improvements were completed within five years from the date of each grant. It is not disputed that the required improvements were completed within the time limited. Order unanimously affirmed, with costs. No opinion. Present—Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

6 A.D.2d 826, 176 N.Y.S.2d 230, 1958 N.Y. App. Div. LEXIS 5458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-village-of-port-chester-nyappdiv-1958.