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CAPRUSO v. VILLAGE

No. 102

23 N.Y.3d 631 (2014)

16 N.E.3d 527

992 N.Y.S.2d 469

2014 NY Slip Op 4228

DANIEL CAPRUSO et al., Respondents, v. VILLAGE OF KINGS POINT et al., Appellants. STATE OF NEW YORK, Respondent, v. VILLAGE OF KINGS POINT, Appellant.

Court of Appeals of New York.

Decided June 12, 2014.

Attorney(s) appearing for the Case

Ackerman, Levine, Cullen, Brickman & Limmer, LLP, Great Neck ( John M. Brickman , Stephen G. Limmer , Todd H. Hesekiel and Benjamin S. Kaplan of counsel), Sol Wachtler and Stuart M. Cohen , for appellants in the first and second above-entitled actions.

Super Law Group, LLC, New York City ( Reed W. Super and Alexandra I. Hankovszky of counsel), and Albert K. Butzel Law Offices ( Albert K. Butzel of counsel), for respondents in the first above-entitled action.

Eric T. Schneiderman , Attorney General, New York City ( Bethan A. Davis Noll , Barbara D. Underwood and Richard Dearing of counsel), for respondent in the second above-entitled action.

Wade Beltramo , General Counsel, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae in the first above-entitled action.

Andrew A. Rafter , Brooklyn, for Citizens Campaign for the Environment and others, amici curiae in the first and second above-entitled actions.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

PIGOTT, J.

Kings Point Park occupies 173 acres on the Great Neck Peninsula of Long Island. Defendant Village of Kings Point acquired the property for park purposes in the 1920s. At the western end of the park is the heavily wooded "Western Corner," occupying 5.4 acres, an area known for its mature trees and hiking trails. It is this section of Kings Point Park that is the subject of the present appeal.

In 1938, the Village leased...

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