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FRONTIER TOWN PROPS. v. STATE OF N. Y.

36 A.D.2d 148 (1971)

Frontier Town Properties, Inc., Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 45891.)

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

March 16, 1971.

Attorney(s) appearing for the Case

De Graff, Foy, Conway & Holt-Harris and Walter Feldesman (John T. De Graff and William F. Conway of counsel), for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Richard A. Foster and Ruth Kessler Toch of counsel), for respondent-appellant.

HERLIHY, P. J., GREENBLOTT, COOKE and SWEENEY, JJ., concur.

STALEY, JR., J.

These are cross appeals from a judgment in favor of claimant, entered January 7, 1969, upon a decision of the Court of Claims.

Pursuant to the Highway Law and the Conservation Law, the State on November 4, 1965, appropriated about 134.593 acres of the lands owned by Frontier Town Properties, Inc., the claimant herein. That part appropriated under the Highway Law was for the purpose of...

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