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  5. 18 A.D.2d 943 (1963)
 

CENT. SCH. DIST. NO. 1 OF THE TOWNS OF COLCHESTER, HAMDEN, HANCOCK, WALTON, ANDES & TOMPKINS, DELAWARE COUNTY v. STATE

18 A.D.2d 943 (1963)

Central School District No. 1 of the Towns of Colchester, Hamden, Hancock, Walton, Andes and Tompkins, Delaware County, Respondent, v. State of New York, Appellant. (Claim No. 36775.)

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

February 7, 1963

The lands appropriated by filing of map on March 4, 1958, were held by respondent school district for school purposes and thus in a governmental capacity. (Brush v. Commissioner, 300 U.S. 352, 371; Matter of Bethlehem Union Free School v. Wilson, 303 N.Y. 107, 113; Union Free School Dist. No. 14 v. Village of Hewlett Bay Park, 279 App. Div. 618-619.) Consequently, the district was not entitled...

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