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MTR. OF SILVERMAN v. LEFKOWITZ

41 A.D.2d 442 (1973)

In the Matter of Maxwell D. Silverman et al., Respondents, v. Louis J. Lefkowitz, as Attorney-General of The State of New York, et al., Appellants

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

May 31, 1973.

Attorney(s) appearing for the Case

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

Jack Goodman for respondents.

STALEY, JR., SWEENEY, KANE and REYNOLDS, JJ., concur.

HERLIHY, P. J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered February 8, 1973 in Albany County, which granted a petition, in a proceeding pursuant to CPLR article 78, to direct the Comptroller of the State of New York to pay the petitioner $27,000, plus interest thereon.

The petitioners were mortgagees of certain property, located in Troy, New York, which was appropriated pursuant to the Highway Law in the fall...

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