CHIARULLI v. STATE


49 A.D.2d 677 (1975)

Eugene E. Chiarulli, as Executor and Trustee of Giselda Chiarulli, Deceased, Appellant-Respondent, v. State of New York, Respondent-Appellant

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

July 18, 1975


Judgment unanimously affirmed, without costs.

Memorandum:

Claimant appeals from an award of $36,547.79 for the State's appropriation of 3.529 acres of muck land. Although the State cross-appealed, it has withdrawn its appeal. Most of the factual findings are not in dispute. Both parties agree that the highest and best use of the property before and after appropriation was for industrial or commercial purposes. Claimant-appellant contends that the trial court...

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