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CALDWELL v. STATE

22 A.D.2d 834 (1964)

Dorothy Caldwell, as Administratrix of The Estate of Michael Caldwell, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 39394.) Margaret Cole, as Administratrix of The Estate of Francis Cole, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 40255.)

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

November 17, 1964

MEMORANDUM BY THE COURT.

Claimants' contentions are based principally on the construction they would give to section 53 of the Highway Law; but we find no suggestion that the purpose of that provision was other than to preserve the State's right to eminent domain over Indian property and to make clear the State's retention of administrative control over Indian property and rights. It was not intended to increase the State's supervisory responsibility and consequent...

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