Village of Roslyn Harbor v. Berger

Appellate Division of the Supreme Court of New York

Village of Roslyn Harbor v. Berger

19 A.D.2d 793, 243 N.Y.S.2d 576, 1963 N.Y. App. Div. LEXIS 3190

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

DecidedSeptember 30, 1963

StatusPublished

This text of 19 A.D.2d 793 (Village of Roslyn Harbor v. Berger) 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

Village of Roslyn Harbor v. Berger, 19 A.D.2d 793, 243 N.Y.S.2d 576, 1963 N.Y. App. Div. LEXIS 3190 (N.Y. Ct. App. 1963).

Pincite

Opinion

In a condemnation proceeding by the Village of Roslyn Harbor, pursuant to article 14 of the Village Law (§ 306 et seq.), to acquire the fee title for highway purposes to certain property known as “ Old Back Road,” allegedly owned by the defendant Berger and another, the village appeals from an order of the Supreme Court, Nassau County, dated February 20, 1963, which confirmed the report of-a Special Referee who, after a nonjury trial of the question of title to and the status of said road, found that it was “ no longer burdened [with] or subject to any highway use ”, Appeal dismissed, with $10 costs and disbursements, on the ground that the order is not appealable (see Village Law, § 321-1; Matter of Incorporated Vil. of Hempstead [Federated Dept. Stores], 3 A D 2d 922). Beldock, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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In a condemnation proceeding by the Village of Roslyn Harbor, pursuant to article 14 of the Village Law (§ 306 et seq.), to acquire the fee title for highway purposes to certain property known as “ Old Back Road,” allegedly owned by the defendant Berger and another, the village appeals from an order of the Supreme Court, Nassau County, dated February 20, 1963, which confirmed the report of-a Special Referee who, after a nonjury trial of the question of title to and the status of said road, found that it was “ no longer burdened [with] or subject to any highway use ”, Appeal dismissed, with $10 costs and disbursements, on the ground that the order is not appealable (see Village Law, § 321-1; Matter of Incorporated Vil. of Hempstead [Federated Dept. Stores], 3 A D 2d 922). Beldock, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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Bluebook (online)

19 A.D.2d 793, 243 N.Y.S.2d 576, 1963 N.Y. App. Div. LEXIS 3190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-roslyn-harbor-v-berger-nyappdiv-1963.