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YOUMANS v. STATE

309 N.Y. 653 (1955)

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.) 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.)

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

Richmond D. Moot for appellants.

Jacob K. Javits, Attorney-General (Richard H. Shepp and Henry S. Manley of counsel), for respondent.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ.; VAN VOORHIS, J., dissents in part in the following opinion:

In each claim the appeal from the judgment — which constitutes the appealable paper — dismissed, with costs, upon the ground that no substantial constitutional question is presented.

VAN VOORHIS, J. (dissenting in part).

There appears to have been an issue of fact concerning whether the claimants or the State owned the lands upon the southerly side of the Troy-Schenectady State Road, which...

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