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MTR. OF ROCHESTER CARTING CO. v. LEVITT

44 A.D.2d 71 (1974)

In the Matter of Rochester Carting Company, Respondent, v. Arthur Levitt, as Comptroller of The State of New York, Appellant

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

March 21, 1974.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Richard J. Dorsey and Ruth Kessler Toch of counsel), for appellant.

Levy Feldman & Licata (Walter J. Licata of counsel), for respondent.

HERLIHY, P. J., GREENBLOTT, COOKE and KANE, JJ., concur.

MAIN, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered April 7, 1972 in Albany County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, for a judgment directing respondent Comptroller to pay an additional sum of post-judgment interest on a judgment of the Court of Claims awarding damages for the State's appropriation of petitioner's real property...

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