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In re Village of Port Chester

294 A.D.2d 510, 742 N.Y.S.2d 849, 2002 N.Y. App. Div. LEXIS 5211
Procedural entryThis page is a short order in In re Village of Port Chester. Read the opinion of the Court — 303 A.D.2d 416 →
Appellate Division of the Supreme Court of the State of New York·Decided May 20, 2002·Published

Opinion

—In a condemnation proceeding, the claimants appeal from an order of the Supreme Court, Westchester County (Rosato, J.), entered July 11, 2001, which denied their motion to direct the condemnor Village of Port Chester to make advance payments.

Ordered that the order is affirmed, with costs.

The Eminent Domain Procedure Law provides no specific time requirement for advance payments to be made. Therefore, since the claimants offered no proof that the condemnor was not complying with EDPL 301 and 303, and since the condem[511]*511nor acknowledged its obligation to make advance payments and has begun to do so, the motion to direct the condemnor to make advance payments was properly denied. Ritter, J.P., Feuerstein, Luciano and Adams, JJ., concur.

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In re Village of Port Chester, 294 A.D.2d 510, 742 N.Y.S.2d 849, 2002 N.Y. App. Div. LEXIS 5211 (N.Y. Ct. App. 2002).

294 A.D.2d 510 (In re Village of Port Chester) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.