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MATTER OF TN. OF NO. HEMPSTEAD (SANDS PT. MARINA)

69 Misc.2d 583 (1972)

In the Matter of the Town of North Hempstead, Relative to Acquiring Title for Parking and Other Public Purposes to Property in the Incorporated Village of Manorhaven. Sands Point Marina, Inc., Claimant-Respondent; Town of North Hempstead, Appellant.

Supreme Court, Appellate Term, Second Department.

March 30, 1972

Attorney(s) appearing for the Case

Francis F. Doran, Town Attorney (George C. Pratt of counsel), for appellant. Koeppel, Hyman, Sommer, Lesnick & Ross (Irving I. Lesnick of counsel), for respondent.

Present — HOGAN, P. J., GLICKMAN and McCULLOUGH, JJ.

HOWARD T. HOGAN, P. J.

In this condemnation proceeding claimant moves to dismiss an appeal by the condemnor, Town of North Hempstead, from an order remanding the matter to the commissioners for further proceedings, upon the grounds that the order is not appealable.

This matter was commenced in the County Court, which by order dated March 28, 1966, confirmed a final report of commissioners fixing damages to claimant at $400,599.20. On appeal, this...

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