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HALLOCK v. STATE OF NEW YORK

39 A.D.2d 172 (1972)

Carlton G. Hallock et al., Respondents, v. State of New York et al., Appellants

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

June 1, 1972.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Douglas S. Dales, Jr., of counsel), for State of New York, appellant.

Scott B. Lilly (John R. Davison of counsel), for Power Authority of the State of N. Y., appellant.

John R. Davison for Perini Corp. and another, appellants.

Quartararo & Quartararo (Anthony M. Quartararo of counsel), for respondents.

HERLIHY, P. J., COOKE and SIMONS, JJ., concur in Per Curiam opinion; STALEY, JR., and SWEENEY, JJ., dissent and vote to grant motions to dismiss the complaint made by appellants in an opinion by STALEY, JR., J.

Per Curiam.

These are appeals from an order of the Supreme Court at Special Term, entered December 22, 1971 in Schoharie County, insofar as it denied appellants' respective motions to dismiss the complaint.

This action arises out of the appropriation by the State of New York, acting on behalf of the Power Authority of the State of New York pursuant to section 1007 of the Public Authorities Law, of 67.7 acres...

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