CIMO v. STATE OF NEW YORK


306 N.Y. 143 (1953)

Sandra Cimo, Appellant, v. State of New York, Respondent. (Motion No. 2148.)

Court of Appeals of the State of New York.

Decided December 3, 1953


Attorney(s) appearing for the Case

Charles J. Mistretta for appellant.

Nathaniel L. Goldstein, Attorney-General (John R. Davison and Wendell P. Brown of counsel), for respondent.

LEWIS, Ch. J., CONWAY, DYE, FULD and FROESSEL, JJ., concur with DESMOND, J.; VAN VOORHIS, J., dissents and votes to reverse in a memorandum.


DESMOND, J.

Claimant-appellant Cimo, the owner of real property in the village of Falconer, New York, appeals here from a unanimous order of the Appellant Division, Fourth Department, which reversed, on the law, an order made by the Court of Claims, which Court of Claims order had granted claimant's motion purportedly made under subdivision 5 of section 10 of the Court of Claims Act (L. 1939, ch. 860), for permission...

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