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SLEPIAN v. STATE OF N. Y.

35 A.D.2d 462 (1971)

Samuel Slepian et al., Appellants, v. State of New York, Respondent. (Claim No. 42551.)

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

January 14, 1971.

Attorney(s) appearing for the Case

Magavern, Magavern, Lowe & Beilewech (Samuel D. Magavern of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent.

DEL VECCHIO, J. P., MOULE and HENRY, JJ., concur.

GABRIELLI, J.

Because of a claimed inadequacy of an award for the permanent appropriation of a portion of claimants' property located in the Town of Amherst, appeal is taken from a judgment of the Court of Claims. Claimants also appeal from an order denying their motion to set aside the decision and permit additional proof to be introduced.

Critical to an evaluation of claimants' damages is the question...

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