MTR. OF SLAVIN v. INGRAHAM


37 N.Y.2d 653 (1975)

In the Matter of Sam Slavin et al., Respondents, v. Hollis S. Ingraham, as Commissioner of Health of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 28, 1975.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Francis J. Keehan, Ruth Kessler Toch and Stanley Fishman of counsel), for appellants.

Benjamin M. Goldstein for respondents.

Chief Judge BREITEL and Judges GABRIELLI and WACHTLER concur with Judge COOKE; Judge FUCHSBERG dissents and votes to reverse in a separate opinion in which Judges JASEN and JONES concur.


COOKE, J.

Petitioners, children of Ida Slavin, acquired title by inheritance in 1962 to three tracts of land, totaling 462½ acres in size and located in an area of the Town of Halcott, Greene County, described as "mostly mountain." Between then and a time in 1970, they deeded therefrom to various individuals a number of parcels and, in 1971, the State Department of Health instituted an administrative proceeding...

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