MATTER OF SILVERMAN v. COMPTROLLER


40 A.D.2d 225 (1972)

In the Matter of Maxwell D. Silverman et al. Respondents, v. Comptroller of the State of New York et al., Appellants, and 124 Ferry Street Realty Corp., Respondent. (Claim No. 52678.)

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

December 28, 1972.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Dennis Hurley of counsel), for appellants.

Jack Goodman for Maxwell D. Silverman and another, respondents.

Raphael, Searles, Vischi & Sackman (Julius L. Sackman of counsel), for 124 Ferry Street Realty Corp., respondent.

STALEY, JR., J. P., COOKE, SWEENEY and KANE, JJ., concur.


SIMONS, J.

This is an appeal from an order of the Court of Claims which granted petitioners' motion to compel the State Comptroller to pay to them the balance of the appraised market value of land taken by the State for highway purposes.

The appeal questions the power of the Court of Claims to mandamus a State officer. That court's jurisdiction to determine claims involving the State has been fixed by...

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