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MTR. OF KRAEMER v. COUNTY COURT

6 N.Y.2d 363 (1959)

In the Matter of Alan G. Kraemer et al., Respondents, v. County Court of Suffolk County et al., Appellants.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

John P. Cohalan, Jr., District Attorney (Harold Ashare of counsel), for appellants.

Alan G. Kraemer, respondent in person and for Edmund F. Foley and others, respondents.

Judges DESMOND, DYE and FULD concur with Judge VAN VOORHIS; Judge FROESSEL dissents in an opinion in which Chief Judge CONWAY and Judge BURKE concur.

VAN VOORHIS, J.

The underlying controversy is a criminal prosecution for trespass in violation of a local ordinance. Dropping anchors from boats to catch upon the bottom of a small estuary of Long Island Sound, known as Lloyd Point Basin, is claimed to have violated the property rights of a lessee of the land under water. The persons involved in this appeal were tried in Police Court in the Village of Lloyd Harbor...

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