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DI MATTEO v. STATE OF NY

49 A.D.2d 271 (1975)

Bernard M. Di Matteo et al., Respondents, v. State of New York, Appellant. (Claim No. 54277.)

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

November 13, 1975

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for appellant.

Nathaniel Rubin for respondents.

HERLIHY, P. J., and REYNOLDS, J., concur with SWEENEY, J.; GREENBLOTT and KANE, JJ., dissent and vote to affirm in an opinion by KANE, J.

SWEENEY, J.

This is an appeal from a judgment, entered May 10, 1974, upon a decision of the Court of Claims which awarded damages of $30,900 to claimants for the appropriation of 1.69 acres of land in the Town of East Fishkill, Dutchess County.

Before the taking, claimants' property consisted of a 3.28-acre parcel, triangular in shape, irregular in elevation and bounded on the north by New York State Route 52, on the

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