MATTER OF TOWN OF HEMPSTEAD v. LITTLE


22 N.Y.2d 432 (1968)

In the Matter of Town of Hempstead, Respondent, v. Leonard Little et al., Appellants, et al. Leonard Little et al., Appellants, v. Town of Hempstead, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1968.


Attorney(s) appearing for the Case

Henry W. Schober for Leonard Little and another, appellants in the above-entitled proceeding.

Henry W. Schober for Mario Scolaro and another, appellants in the above-entitled proceeding.

Mario Matthew Cuomo, Richard P. Charles and John H. Finn for respondent in the above-entitled proceeding.

Henry W. Schober for appellants in the above-entitled action.

Mario Matthew Cuomo and Richard P. Charles for respondent in the above-entitled action.

Chief Judge FULD and Judges BURKE, SCILEPPI, KEATING, BREITEL and JASEN concur.


BERGAN, J.

These two closely related appeals, one in a town's condemnation proceeding and one in an action against the town for trespass, involve the same basic question of riparian rights on an ocean littoral. But at the threshold of each there is a procedural and jurisdictional problem under CPLR 5601 (subd. [d]) pursuant to which each appeal was taken.

In each case, the Appellate Division reversed...

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