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SLEEPY HOLLOW VAL. COMM. v. McMORRAN

20 N.Y.2d 190 (1967)

Sleepy Hollow Valley Committee, by Robert F. Davis, Its President, et al., Appellants, v. J. Burch McMorran, Individually and as Superintendent of New York State Department of Public Works, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Milton R. Wessel, James B. Henry, Jr., and Herbert Schreiber for appellants.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Ruth Kessler Toch of counsel), for J. Burch McMorran and M. Nicholas Sinacori, respondents.

George F. Wenger for John Clarkeson, respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, KEATING and BREITEL concur with Judge VAN VOORHIS; Judge BERGAN dissents and votes to affirm on the ground that the action of the Superintendent of Public Works was reasonably within the frame of his statutory authority.

VAN VOORHIS, J.

This action involves a dispute between local property owners concerning the location of a portion of the route to be traversed by the construction of a new State highway which will form part of Route 117. The map in evidence shows that, regardless of who wins this lawsuit, the new highway will pass through the area described as "Family Estate" at Pocantico Hills, near Tarrytown, the litigated...

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