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TN. OF HORNELLSVILLE v. CITY OF HORNELL

38 A.D.2d 312 (1972)

Town of Hornellsville, Respondent, v. City of Hornell et al., Appellants, et al., Defendants

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

February 25, 1972.

Attorney(s) appearing for the Case

William J. Holbrook, City Attorney (Joseph R. Cullen of counsel), for City of Hornell, appellant.

Louis C. Zannieri for Jean B. Lindner and others, appellants.

Cole & Walker (Robert H. Cole of counsel), for respondent.

Charles P. Knapp, guardian ad litem and military attorney.

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

CARDAMONE, J.

We are asked to determine the ownership of Union Park, a portion of which has been appropriated by the State for highway purposes. The owner will be entitled to a substantial monetary award therefor.

On July 16, 1832 Thomas and Sylvania Bennett conveyed the subject property to the Supervisor of the Town of Hornellsville and his successors in office, as trustees for the use of the town "forever...

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