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  5. 16 N.Y.2d 105 (1965)
 

MATTER OF COUNTY OF NASSAU

16 N.Y.2d 105 (1965)

In the Matter of the County of Nassau, Relative to Acquiring Title to Real Property for Highway and Park Purposes for the Alteration of North Hempstead Turnpike. County of Nassau, Respondent-Appellant; Morewood Realty Corporation, Petitioner-Respondent.

Court of Appeals of the State of New York.

Decided July 9, 1965.

Attorney(s) appearing for the Case

Jack B. Weinstein, County Attorney (Seymour S. Ross and Stephen W. Schlissel of counsel), for appellant.

Elmer J. Hoare, Martin Dwyer, Jr., and Francis O. Mayer for respondent.

Chief Judge DESMOND and Judges DYE, FULD and SCILEPPI concur with Judge BERGAN; Judges VAN VOORHIS and BURKE dissent and vote to dismiss the appeal upon the grounds that (1) the county was the prevailing party in that part of the judgment which dismissed respondent's petition and thus has no right to appeal, and (2) that part of the judgment of Special Term acting in the condemnation proceeding and directing the County Attorney to perform a ministerial act, which was affirmed by the Appellate Division, is nonfinal and not appealable to this court. That part of the judgment is an intermediate order in a condemnation proceeding which would make it possible for the Board of Supervisors to act on the question whether to pay or withhold payment of the award separately to the claimant.

BERGAN, J.

The property of petitioner Morewood Realty Corporation was taken by the County of Nassau for public purposes and, with property of other owners, was the subject matter of a condemnation proceeding.

After proof on petitioner's claim was completed the Judge at Special Term made a decision November 21, 1963 awarding the petitioner $7,041,216 and directed that a tentative decree be submitted to...

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