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DI BACCO v. STATE OF N. Y.

46 A.D.2d 461 (1975)

Custode D. Di Bacco et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 52335.)

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

January 16, 1975.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Henderson G. Riggs, Ruth Kessler Toch and Joseph A. Romano of counsel), for appellant-respondent.

Di Fabio & Couch (Leslie F. Couch of counsel), for respondents-appellants.

HERLIHY, P. J., SWEENEY, KANE and REYNOLDS, JJ., concur.

GREENBLOTT, J.

Claimant Custode Di Bacco was, from 1942 until 1967, the owner of the property in question consisting of approximately 18.8 acres by virtue of a deed from her husband. The property had been continuously operated as a family farm since 1933 on which vegetables and flowers were grown for sale at retail and wholesale. In 1967, Custode Di Bacco divided the property by conveying to her sons, the claimants...

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