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DIOCESE OF BUFFALO v. STATE OF NEW YORK

18 N.Y.2d 41 (1966)

Diocese of Buffalo, Appellant-Respondent, v. State of New York et al., Respondents-Appellants. (Claim No. 36242.) Diocese of Buffalo, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 39672.)

Court of Appeals of the State of New York.

Decided June 9, 1966.

Attorney(s) appearing for the Case

Kevin Kennedy for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for State of New York, respondent-appellant. Thomas F. Moore, Jr., Scott B. Lilly and Lewis R. Bennett for Power Authority of State of New York, respondent-appellant.

Chief Judge DESMOND and Judges FULD, SCILEPPI and KEATING concur with Judge BURKE; Judge VAN VOORHIS dissents in an opinion in which Judge BERGAN concurs.

BURKE, J.

These proceedings involve the valuation of cemetery property.

The claimant has appealed from an order of the Appellate Division reducing the award of the Court of Claims from $14,557 to $10,752 for the appropriation of .652 acres of land and affirming an award of $5,000 for consequential damage resulting from the condemnation of the remaining frontage on the only direct access road to the cemetery...

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