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MTR. OF CASTAWAYS MOTEL v. SCHUYLER

29 A.D.2d 16 (1967)

In the Matter of Castaways Motel, Appellant, v. C. V. R. Schuyler, as Commissioner of General Services of The State of New York, Respondent

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

December 5, 1967.

Attorney(s) appearing for the Case

Hovey & Kushner (Ira M. J. Hovey of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), for respondent.

GIBSON, P. J., REYNOLDS, AULISI and STALEY, JR., JJ., concur.

HERLIHY, J.

This is an appeal from an order and judgment which dismissed the petition, without a hearing, for untimeliness pursuant to CPLR 217, and for legal insufficiency.

The proceeding was commenced by a petition, pursuant to CPLR article 78, seeking a judgment directing the Commissioner of General Services to deliver to the petitioner grants of certain lands under waters of the Niagara River. The...

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