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YOUMANS v. STATE

284 A.D. 823 (1954)

Marcus J. Youmans, as Administrator with the Will Annexed of Conrad C. Mesick, Deceased, et al., Appellants, v. State of New York, Respondent. (Claim No. 30717.) Marcus J. Youmans, as Administrator with the Will Annexed of Conrad C. Mesick, Deceased, et al., Appellants, v. State of New York, Respondent. (Claim No. 30716.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 8, 1954.

Both claims against the State involve the title to land on the north side of the Troy-Schenectady Road and are based on an appropriation of the land by the State for highway purposes. The question involved is whether the precise land now in dispute had been previously appropriated by public authority in 1907. In Claim No. 30716 the claim was dismissed; in Claim No. 30717 an award was made for a parcel which is not questioned on appeal and the issue presented turns on a parcel...

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