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ST. AGNES CEMETERY v. STATE OF NEW YORK

3 N.Y.2d 37 (1957)

St. Agnes Cemetery, Respondent, v. State of New York, Appellant.

Court of Appeals of the State of New York.

Decided May 23, 1957.

Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (Sidney Kelly, Jr., and James O. Moore, Jr., of counsel), for appellant.

Joseph J. Casey for respondent.

CONWAY, Ch. J., DESMOND and FROESSEL, JJ., concur with BURKE, J.; VAN VOORHIS, J., dissents in an opinion in which DYE and FULD, JJ., concur.

BURKE, J.

This appeal involves an award made by the Court of Claims for a portion of claimant's cemetery land, appropriated by the State Highway Commission for highway purposes. This cemetery is located two miles north of the city of Albany and has been in existence for almost a century, during which time there have been over 50,000 interments. Prior to this appropriation which occurred in 1952, the cemetery contained...

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